- 1 - HC-KAR NC: 2025:KHC:54342 RFA No. 866 of 2007 C/W RFA No. 877 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 866 OF 2007 (INJ) C/W REGULAR FIRST APPEAL NO. 877 OF 2007 (INJ) IN RFA No. 866/2007 BETWEEN: 1. SMT. MUNIYAMMA D/O SRI. GOGGA AGE MAJOR R/AT KADUGONDANAHALLI, ARABIC COLLEGE POST, BANGALORE - 560 045 SINCE DECEASED BY LR'S. 1(A). SMT. LAKSHMAMMA D/O LATE MUNIYAMMAAGE, MAJOR R/AT NO.120, NEAR NEW POLICE STATION, K.R.PURAM, BANGALORE - 560 016. 1(B). SRI. RAJKUMAR GRANDSON OF LATE GOGAIAH, NO.120, TANK ROAD, KRISHNARAJAPURAM, BANGALORE - 560 016. …APPELLANTS (APPELLANT NO.1(A) - LAKSHMAMMA AND APPELLANT NO.1(B) - RAJKUMAR (ABSENT)) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54342 RFA No. 866 of 2007 C/W RFA No. 877 of 2007 AND: SMT. KURSHID BEGUM SINCE DECEASED BY HIS LR'S 1. H. AZIZKHAN, HUSBAND OF LATE SMT. KHURSHID BEGUM MAJOR 2. ZAFRULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR 3. ARIFULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR 4. ASADULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR. 5. MUJEEBULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR 6. FAIZULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR ALL ARE RESIDING AT NO.92 BEHIND HOSPITAL QUARTERS, KADUGONDANAHALLI, BANGALORE - 45. 7. SMT. NASREENKHANUM D/O LATE SMT. KHURSHID BEGUM, MAJOR, R/AT CASH BAZAAR M.G.ROAD, TUMKUR. - 3 - HC-KAR NC: 2025:KHC:54342 RFA No. 866 of 2007 C/W RFA No. 877 of 2007 8. SMT. ASAMA SULTANA D/O LATE SMT. KHURSHID BEGUM, MAJOR, R/AT KALASIPALYAM BANGALORE - 560 002. …RESPONDENTS (VIDE ORDER DATED 24.01.2024, NOTICE TO R7 IS HELD SUFFICIENT; IMRAN PASHA, ADVOCATE FOR PROPOSED IMPLEADING APPLICANTS AS R9 TO R11) THIS RFA FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 21.12.2006 PASSED IN OS.NO.7671/1991 ON THE FILE OF THE XXIV ADDL.CITY CIVIL JUDGE, BANGALORE CITY, (CCH.NO.6) DISMISSING THE SUIT FOR PERMANENT INJUNCITON. IN RFA NO. 877/2007 BETWEEN: 1. SMT. MUNIYAMMA D/O SRI. GOGGA AGE MAJOR R/AT KADUGONDANAHALLI, ARABIC COLLEGE POST, BANGALORE - 560 045 SINCE DECEASED BY LR'S. 1(A). SMT. LAKSHMAMMA D/O LATE MUNIYAMMAAGE, MAJOR R/AT NO.120, NEAR NEW POLICE STATION, K.R.PURAM, BANGALORE - 560 016. 1(B). SRI. RAJKUMAR GRANDSON OF LATE GOGAIAH, NO.120, TANK ROAD, KRISHNARAJAPURAM, BANGALORE - 560 016. ...APPELLANTS (APPELLANT NO.1(A) - LAKSHMAMMA AND APPELLANT NO.1(B) - RAJKUMAR (ABSENT)) - 4 - HC-KAR NC: 2025:KHC:54342 RFA No. 866 of 2007 C/W RFA No. 877 of 2007 AND: 1. SMT. KURSHID BEGUM SINCE DECEASED BY HIS LR'S 2. H. AZIZKHAN, HUSBAND OF LATE SMT. KHURSHID BEGUM MAJOR 3. ZAFRULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR 4. ARIFULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR 5. ASADULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR. 6. MUJEEBULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR 7. FAIZULLAKHAN S/O LATE SMT. KHURSHID BEGUM MAJOR ALL ARE RESIDING AT NO.92 BEHIND HOSPITAL QUARTERS, KADUGONDANAHALLI, BANGALORE - 45. 8. SMT. NASREENKHANUM D/O LATE SMT. KHURSHID BEGUM, MAJOR, R/AT CASH BAZAAR M.G.ROAD, TUMKUR. ...RESPONDENTS (VIDE ORDER DATED 24.01.2024, NOTICE TO R7 IS HELD SUFFICIENT; IMRAN PASHA, ADVOCATE FOR PROPOSED IMPLEADING APPLICANTS AS R9 TO R11) - 5 - HC-KAR NC: 2025:KHC:54342 RFA No. 866 of 2007 C/W RFA No. 877 of 2007 THIS RFA FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED. 21.12.06 PASSED IN OS NO. 653/1993 ON THE FILE OF THE XXIV ADDL.CITY CIVIL JUDGE, BANGALORE, (CCH.NO.6), PARTLY DECREEING THE SUIT FOR POSSESSION AND MESNE PROFITS. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Legal representatives of appellant was represented by Sri.S.V.Bhat, learned counsel. He filed memo of retirement with acknowledgment. By way of abundant caution, this Court issued Court notice to the legal representatives of the deceased appellant – Smt.Muniyamma. Court notice issued to appellant No.1(a) returned with an endorsement ‘left’ and appellant No.1(b) reporting the death. - 6 - HC-KAR NC: 2025:KHC:54342 RFA No. 866 of 2007 C/W RFA No. 877 of 2007 Left with no alternative, appeals stand dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 12