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2025 DAILYLAW 56497 (KAR)

SMT NAJEEMUNNISSA v. JANAB RAHAMATHULLA BAIG

RSA/1378/2012 · 2025-10-13

Umesh M Adiga

body2025

Judgment text

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA REGULAR SECOND APPEAL NO. 1378 OF 2012 (SP) BETWEEN 1 . SMT. NAJEEMUNNISSA, W/O LATE ABDUL KHUDDUS, AGED ABOUT 72 YEARS, R/O ASHFAQ MANZIL, 5TH CROSS, TANK MOHALLA, SHIMOGA, REPERESENTED BY THEIR GPA HOLDER, B. ABDUL SAMAD, S/O ABDUL KHAREEM, AGED ABOUT 55 YEARS, R/O BETAGERE VILLAGE, NARASIMHARAJAPURA TALUK, CHICKKAMANGALORE DISTRICT. 2 . ASLAM, S/O LATE ABDUL KHUDDUS, AGED ABOUT 49 YEARS, R/O TANK MOHALLA, II CROSS, SHIMOGA. …2 RSA NO. 1378/2012 2 3 . SUBHANAN, S/O LATE ABDUL KHUDDUS, AGED ABOUT 47 YEARS, R/O TANK MOHALLA, II CROSS, SHIMOGA …. APPELLANT/S (By Sri.: K. N. BALRAJ AND SIRAJIN BASHA, ADVOCATES) AND 1. JANAB RAHAMATHULLA BAIG, S/O LATE ANWAR BAIG, AGED 59 YEARS, AGRICULTURIST, R/O LAKKINAKOPPA, KACHINAKATTE POST, SHIMOGA TALUK & DISTRICT - 577 201. 2. SMT. ZAHEERA BEGUM, D/O LATE M. ANWER BAIG, AGED 75 YEARS, R/O ZALKINAKOPPA CIRCLE, KOCH INAKATTE POST, SHIVAMOGGA TALUK. 3. SMT. HASMA BEGUM, D/O LATE M. ANWER BAIG, W/O ABDUL JABBAR, AGED 48 YEARS, R/O KURISHI, CLARKPETE, …3 RSA NO. 1378/2012 3 3RD CROSS, NOORI MASJID, SIVAMOGGA – 577 201. 4. SMT. NAGINA BEGUM, D/O LATE ANWER BAIG, W/O ABDUL JABBUR, AGED 45 YEARS, 1ST CROSS, LEFT, MILAGATTA, SHIVAMOGA – 577 201. 5. SMT. PARVEEN BEGUM, D/O LATE M. ANWAR BAIG, ATAULLA KHAN, AGED 43 YEARS, NALLURU CAMP, NALLURU POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. 6. SMT. SARDAR BEGUM, D/O LATE ANWER BAIG, AGED 40 YEARS, R/O LAKKINAKOPPA CIRCLE, KACHINAKATE POST, SHIVAMOGGA TALUK – 577 201. 7. SRI SARVAR BEIG, S/O LATE M. ANWAR BEIG, …4 RSA NO. 1378/2012 4 AGED 38 YEARS, R/O LAKKINAKOPPA CIRCLE, KACHINAKATTE POST, SHIVAMOGGA TALUK, SHIVAMOGGA – 577 201. 8. SMT. FOUZIYA BEGUM, D/O LATE M. ANWER BAIG, AGED 35 YEARS, W/O FIROZAHMED, R/O ANAVATTI, SORABA TALUK. 9. SMT. SURIYA BEGUM, D/O LATE M. ANWAR BAIG, W/O MUKHTIYAR AHMED, AGED 33 YEARS, R/O MAIN ROAD, MANJUNATH EXTENSION, SHIVAMOGGA – 577 201. …RESPONDENT/S (CAUSE TITLE AMENDED AS PER COURT ORDER DATED 13.02.2019) (By Sri/SMT.: C. M. DESAI, ADVOCATE FOR R1 AND H. S. PRASHANTH, ADVOCATE FOR R2 TO R9) …5 RSA NO. 1378/2012 5 REGULAR SECOND APPEAL FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 2.7.2011 PASSED IN R.A.NO.107/2008 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIMOGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 17.4.2008 PASSED IN OS.NO.48/2005 ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.) & JMFC, SHIMOGA. This Regular Second Appeal coming on for Orders, this day the Court made the following Order:- ORAL ORDER This matter was called out in the morning, as well as afternoon session. There is no representation on behalf of the appellant. Even steps are also not taken and office objections are not complied with. Two weeks time is granted to comply the office objections, failing which, the appeal stands dismissed without reference to the Court. Sd/- JUDGE …6 RSA NO. 1378/2012 6 NOTE : Vide Court Order dated 13.10.2025, the office objections are not complied with. Hence, the appeal is hereby dismissed. COPY Sd/- ASSISTANT REGISTRAR T By : SR R By : VS C By : GS Ty Dt : 27.11.2025 C.Dt : 04.12.2025