- 1 - NC: 2025:KHC-K:1568 RSA No. 200251 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 200251 OF 2024 BETWEEN: 1. NEW HUMA INDUSTRIAL ASSOCIATION GULBARGA. 2. MOHD. AHMED PASHA S/O FAQRUDDINSAB, AGE: 47 YEARS, OCC: BUSINESS, R/O: NAYA MOHALLA, GULBARGA. 3. ABDUL FAZAL S/O ABDUL RASHEED, AGE: 56 YEARS, OCC: BUSINESS, R/O: ABUBKAR COLONY, GULBARGA. 4. ATEEK S/O ABRAR-UL-HAQ SAB, AGE: 29 YEARS, OCC: BUSINESS, R/O: ABUBKAR COLONY, GULBARGA. 5. YASMEEN SULTANA W/O ATEEK, AGE: 26 YEARS, OCC: BUSINESS, R/O: ABUBKAR COLONY, GULBARGA. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1568 RSA No. 200251 of 2024 6. MOHD. ZIA-UL HUSSAIN S/O ABDUL FAZAL, AGE: 26 YEARS, OCC: BUSINESS, R/O: ABUBKAR COLONY, GULBARGA. …APPELLANT (BY SRI SANTOSH KUMAR B.METRI, ADVOCATE) AND: 1. ABDUL FAHEEM S/O LATE MD. HANEEF, AGE: 44 YEARS, OCC: BUSINESS & CIVIL ENGINEER, R/O: 7-771/A2, IBRAHIM MANJIL, MIJGURI, GUNJ ROAD, GULBARGA. 2. H. KALEEL AHMED S/O A RASHEEDSAB, AGE: 45 YEARS, OCC: BUSINESS, R/O: H.NO. 5-14 82/1, MEHABOOB NAGAR, GULBARGA. 3. MOHAMMED JANI S/O ABDUL REHAMAN, AGE: 51 YEARS, OCC: BUSINESS, R/O: 5-993/199/A, NOORANI MOHALLA, GULBARGA. …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THIS REGULAR SECOND APPEAL BY SETTING ASIDE THE JUDGMENT DECREE DATED 21.07.2023 PASSED IN R.A.NO.04/2019 BY THE III ADDITIONAL SENIOR CIVIL JUDGE AT KALABURAGI THEREBY DISMISSING THE REGULAR APPEAL FILED BY THE APPELLANTS AND CONFIRMING THE JUDGMENT AND DECREE IN O.S.NO.509/2011 DATED 27.10.2018 PASSED BY THE II ADDITIONAL CIVIL JUDGE AT KALABURAGI BY - 3 - NC: 2025:KHC-K:1568 RSA No. 200251 of 2024 DISMISSING THE SUIT AND DECREED THE SUIT OF THE APPELLANTS, IN THE INTEREST OF JUSTICE AND QUITY. THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) The case is listed for non-compliance of office objections for the sixth time. 2. There is no appearance on behalf of the appellants. 3. Hence, the appeal is dismissed for non- prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 1 Sl No.: 3