- 1 - HC-KAR NC: 2025:KHC-D:17365 RSA No. 100448 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100448 OF 2018 (PAR) BETWEEN: 1. SMT. RAZIYABEGUM YUSUFKHAN PUNEKAR AGE: 40 YEARS, OCC. HOUSEHOLD WORK, R/O. BASAPUR VILLAGE, TQ. HUKKERI, NOW PLOT NOS.5 AND 7, M.G.ROAD, VAIBHAV NAGAR, BELAGAVI-590010. 2. SRI. YUSUFKHAN ABDULROUFKHAN PUNEKAR AGE: 51 YEARS, OCC. SERVICE, R/O. BASAPUR VILLAGE, TQ. HUKKERI, NOW PLOT NOS.5 AND 7, M.G.ROAD, VAIBHAV NAGAR, BELAGAVI-590010. 3. SRI. ABDULNISARKHAN ABDULROUFKHAN PUNEKAR AGE: 48 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. BASAPUR VILLAGE-591122, TQ. HUKKERI, DIST. BELAGAVI. 4. SMT. KHURSHIDABANU SHABBIR GOKAK SINCE DECEASED BY HER LRS. 4A. SMT. NUSRATBANU W/O. LIYAKTALI PATEL, AGE: 45 YEARS, OCC. HOUSEHOLD WORK, R/O. ATTAR GALLI, KEB ROAD, RAIBAG, TQ. RAIBAG, DIST. BELAGAVI. 4B. SMT. MEHETAB W/O. UBED MULLA, AGE: 40 YEARS, OCC. HOUSEHOLD WORK, R/O. MULLA GALLI, RAIBAG, TQ. RAIBAG, DIST. GOKAK. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.09 14:59:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17365 RSA No. 100448 of 2018 …APPELLANTS (BY SRI. SHEKHARGOUDA M. NAGANURI, ADVOCATE) AND: 4C. SRI. SARTAJ S/O. SHABBIRAHMED GOKAK, AGE: 35 YEARS, OCC. PRIVATE SERVICE, R/O. 3RD CROSS, MURUGAMATH, TQ. DHARWAD, DIST. DHARWAD. 4D. SRI. NAYYUM S/O. SHABBIRAHMED GOKAK, AGE: 30 YEARS, OCC. COOLIE, R/O. 3RD CROSS, MURUGAMATH, TQ. DHARWAD, DIST. DHARWAD. 5. SRI. MEHABOOBKHAN ABDULROUFKHAN PUNEKAR AGE: 45 YEARS, OCC. BUSINESS, R/O. BASAPUR VILLAGE-591122, TQ. HUKKERI, DIST. BELAGAVI. 1. SRI. DILDARKHAN ABDULHAMIDKHAN PUNEKAR AGE: 71 YEARS, OCC. AGRICULTURE, R/O. BASAPUR VILLAGE-591122, TQ. HUKKERI, DIST. BELAGAVI. 2. SRI. ABDULISAQ AMANULLAKHAN PUNEKAR AGE: 46 YEARS, OCC. AGRICULTURE, R/O. BASAPUR VILLAGE-591122, TQ. HUKKERI, DIST. BELAGAVI. 3. SMT. SHASHEENBANU ABDULKARIM MUJAWAR AGE: 44 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO.269, SHIVAJI ROAD, MUJAWAR GALLI, BELAGAVI-590001. 4. SMT. MEHABOOBI KHADARKHAN DESAI SINCE DECEASED BY HER LRS. 4A. SRI. MEHAMUD KHADARKHAN DESAI AGE: APPROX 62 YEARS, OCC. RETIRED, R/O. BASAVA COLONY, BELAGAVI-590010. 4B. SRI. NAZEER KHADARKHAN DESAI AGE: APPROX. 65 YEARS, OCC. PRIVATE SERVICE, R/O. REVENUE COLONY, BELAGAVI-590016. - 3 - HC-KAR NC: 2025:KHC-D:17365 RSA No. 100448 of 2018 4C. SMT. HAZARABI MEHABOOBKHAN DESAI AGE: APPROX. 65 YEARS, OCC. HOUSEHOLD WORK, R/O. ANKALGI, TQ. GOKAK, DIST. BELAGAVI-591109. 4D. SMT. RAZIYABANU ABDULGANI DESAI, AGE: APPROX. 63 YEARS, OCC. HOUSEHOLD WORK, R/O. JANATA COLONY, LONDA, TQ. KHANAPUR, DIST. BELAGAVI-591301. 4E. SMT. SHAMMA NAZEER AHMED JATTI AGE: APPROX. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. AZAM NAGAR, DIST. BELAGAVI-590010. 5. SMT. REHAMATBI MASTAN GOKAK SINCE DECEASED BY HER LRS. 5A. SRI. MASTANKHAN S/O. AMIRKHAN GOKAK, AGE: 75 YEARS, OCC. RETIRED, R/O. KAGANUR DATA NAGAR, ICHALKARANJI, KOLHAPUR, MAHARASHTRA-416115. 5B. MEERAKHAN S/O. MASTAN GOKAK, AGE: 40 YEARS, OCC. PRIVATE SERVICE, R/O. KAGANUR DATA NAGAR, ICHALKARANJI, KOLHAPUR, MAHARASHTRA-416115. 5C. SRI. HUSSAIN S/O. MASTAN GOKAK, AGE: 35 YEARS, OCC. PRIVATE SERVICE, R/O. NEAR TARAVE HOTEL, KOLHAPUR, MAHARASHTRA-416115. 6. SRI. ILIYAS HARUNHASEED MUJAWAR AGE: 33 YEARS, OCC. BUSINESS, R/O. H.NO.269, SHIVAJI ROAD, MUJAWAR GALLI, BELAGAVI-590001. 7. SRI. IMTIYAZ HARUNHASEED MUJAWAR AGE: 43 YEARS, OCC. DRIVER, R/O. H.NO.269, SHIVAJI ROAD, MUJAWAR GALLI, BELAGAVI-590001. 8. SRI. ABDULKARIM HARUNHASEED MUJAWAR AGE: 45 YEARS, OCC. DRIVER, - 4 - HC-KAR NC: 2025:KHC-D:17365 RSA No. 100448 of 2018 …RE SPONDENTS (BY SMT. AFSHAN A. SHABASHKHAN, ADVOCATE AND SRI. AMEERA AHMED H. BAGALI, ADVOCATE FOR R1 TO R3 AND R4(A) TO R4(E); R5(A), R5(B), R5(C)-HELD SUFFICIENT; R6, R7, R8, R9 (A)-NOTICE SERVED; R9(B)-HELD SUFFICIENT; R9(C) AND R9(D)-NOTICE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING THAT THE JUDGMENT AND DECREE PASSED IN R.A.NO.41/2015 DATED 19.04.2018 BY THE LEARNED XII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT GOKAK AND THE JUDGMENT AND DECREE IN O.S.NO.201/2005 DATED 16.12.2014 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE, GOKAK BE KINDLY SET ASIDE BY ALLOWING THIS APPEAL AND THE SUIT OF THE PLAINTIFFS MAY KINDLY BE DISMISSED, IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: R/O. H.NO.269, SHIVAJI ROAD, MUJAWAR GALLI, BELAGAVI-590001. 9. SRI. JAHANGIR ABDULROUFKHAN PUNEKAR SINCE DECEASED BY HIS LRS. 9A. SMT. BIBIJAN JAHANGIR PUNEKAR AGE: 48 YEARS, OCC. HOUSEHOLD WORK, R/O. BASAPUR VILLAGE, TQ. HUKKERI, DIST. BELAGAVI. 9B. SMT. SAKINA YUNUS PULATAMBE AGE: 27 YEARS, OCC. HOUSEHOLD WORK, R/O. MOKASHI GALLI, TQ. GOKAK, DIST. GOKAK. 9C. SRI. MALIKJAN JAHANGIR PUNEKAR AGE: 26 YEARS, OCC. SERVICE, R/O. BASAPUR VILLAGE, TQ. HUKKERI, DIST. BELAGAVI. 9D. SRI. RAJESHKHAN JAHANGIR PUNEKAR AGE: 24 YEARS, OCC. SERVICE, R/O. BASAPUR VILLAGE, TQ. HUKKERI, DIST. BELAGAVI. - 5 - HC-KAR NC: 2025:KHC-D:17365 RSA No. 100448 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) None appear for the appellant. 2. Heard the learned counsel appearing for the impleading applicants in I.A.No.1/2022 and I.A.No.1/2025. 3. I.A.No.1/2025 is filed by the respondent No.1 contending that he has executed a gift deed in favour of his sons. I.A.No.1/2022 is filed by the donees of the respondent No.5 contending that the respondent No.5 has gifted her share in the properties by way of ‘Hiba’ in favour of the impleading applicants. The appellants are not turning up for prosecuting this appeal. On 26.11.2025, this Court passed the following: “After hearing the learned counsel for the respondents for some time, learned counsel Sri.Anand Ashtekar, appearing on behalf of Sri.Shekharagouda M Naganuri, the learned counsel on record for the appellants, seeks a short accommodation. The Court reluctantly grants time till tomorrow and it is made clear that if there is no - 6 - HC-KAR NC: 2025:KHC-D:17365 RSA No. 100448 of 2018 representation for the appellants, the appeal would be dismissed for non-prosecution. Registry is directed to delete the name of Sri. Anand Ashtekar, Sri.Akshay Katti and Sri.Abhishekh C Patil and to show the name of only Sri.Shekhargouda M Naganuri as counsel appearing for the appellants. List this appeal on 27.11.2025.” 4. Thereafter, on 27.11.2025, the learned counsel appearing for the appellants sought adjournment. Accordingly, the matter is listed today. It is seen from the records that the appellants are not interested in prosecuting the appeal even though the impleading applicants are interested for hearing of the appeal. 5. The rights of the impleading applicants cannot be decided in the present appeal since they claim under two gifts (Hiba) under the Mohammedan Law and the truth or falsity of such gifts is not in question before this Court. The matter before this Court is in respect of partition and the share of the respondent No.1 and respondent No.5. If at all respondent No.1 and 5 have got any share in the property as per the decree - 7 - HC-KAR NC: 2025:KHC-D:17365 RSA No. 100448 of 2018 passed by the Court below, the impleading applicants are entitled for claiming the same provided the same is not objected to by anybody. 6. It appears that the appellants are not interested in prosecuting the appeal. Hence, the appeal is dismissed for non- prosecution. SD/- (C M JOSHI) JUDGE YAN Ct:pa List No.: 1 Sl No.: 58