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2026 DAILYLAW 28993 (KAR)

EAZAR UR RAHAMAN v. SMT. SAIRA BANU

MFA/5611/2019 · 2026-07-10

Pradeep Singh Yerur

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35024 MFA No. 5611 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5611 OF 2019 (CPC) BETWEEN: 1. EAZAR UR RAHAMAN S/O H M GHOUSE, AGED ABOUT 59 YEARS, RESIDING AT NO.34, II CROSS, AKBAR MASJID ROAD, CHAMUNDINAGAR, R T NAGAR POST, BENGALURU-560032 …APPELLANT (BY SRI. HARIDASAN NAMBIAR K N., ADVOCATE) AND: 1. SMT. SAIRA BANU D/O NOT KNOWN AGED ABOUT 46 YEARS, RESIDING AT THIMMAIAH ROAD, NO.214, II FLOOR, OPPOSITE TO CHITRA BAKERY SHIVAJINAGAR BENGALURU-560051 …RESPONDENT Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35024 MFA No. 5611 of 2019 THIS MFA IS FILED U/O. 43 RULE 1(N)(A) OF CPC, AGAINST THE JUDGMENT AND AWARD DATED. 27.03.2019, PASSED IN P.MIS.NO.04/2013, ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-3), DISMISSING THE PETITION FILED U/O.33 RULE 1(b) OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT There is no representation on behalf of the appellant. 2. Even on the previous date of hearing, there is no representation on behalf of the appellant. 3. The matter pertains to the year 2019. Vide order dated 11.12.2019, it was submitted that the appellant had approached the writ Court and obtained an order of stay on the execution petition filed by the respondent. Though this Court directed the appellant to produce the said order of the writ Court, till date there is - 3 - HC-KAR NC: 2026:KHC:35024 MFA No. 5611 of 2019 no such order placed on record, and there is no appearance as well. 4. Under the circumstances, it appears that the appellant is not interested in proceeding further in the matter. The appeal is dismissed for non-prosecution. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 31