Mohammed Haneef vs Mohammed Dastagir

Type Court Judgment Court Karnataka Orders Decided Nov 29, 2024

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Citation: sooperkanoon.com/1884707
Court: Karnataka Orders High Court
Judge: Ravi V Hosmani
Decided On: Nov 29, 2024
Case Number: RSA/342/2013

Parties & Advocates

Appellant / Petitioner

Mohammed Haneef

Respondent

Mohammed Dastagir

Excerpt

-1-in the high court of karnataka at bengalurudated this the 29th day of november, 2024 before the hon'ble mr justice ravi v hosmani regular second appeal no.342 of 2013 (sp) between: mohammed haneef, s/o sheik mehboob sab, aged about 55 years, r/a hindiganala village, hosakote taluk, bangalore rural district-562 114. …appellant [by smt. neeraja karanth, advocate for sri k. shrihari, advocate (ph)] and:1. mohammed dastagir, @ veeapura dastagir, aged about 60 years,2. akbar @ veerapura akbar,digitally resondents no.1 & 2 are signed by r/a arahalli village and post, anusha v backside of masjid, location: kolar tauk and district- 563 101. high court of karnataka 3. b. channappa, s/o soolur doddabyrappa, chanjimale village, vemagal hobli, kolar taluk and district - 563 101.4. sreenivasaiah, s/o munishamappa, aged about 53 years,5. narayanaswamy, s/o late munishamappa, aged about 47 years, -2- respondents no.4 & 5 are r/a horamavu village & post, krishnarajapuram hobli, bangalore north taluk, bangalore district - 560 043. …respondents (r3 - served) this rsa is filed u/s. 100 of cpc., against thejudgment & decree dtd 13.4.2011 passed in r.a.no.214/2009on the file of the ii addl. senior civil judge, kolar, dismissing the appeal and confirming the judgment and decree dated 27.10.2009 passed in os.no.332/2008 on the file of the ii addl. civil judge (jr.dn) kolar. this appeal, coming on for orders, this day,judgment was delivered therein as under:coram: hon'ble mr justice ravi v hosmanioral judgmentnotice issued to respondents no.1, 2, 4 and 5 was unsuccessful thrice. by order dated 03.01.2024, time was granted to file application for substituted service. till date, applications are not filed. learned counsel for appellant submits no instructions. this would indicate that appellant is not diligent in pursuing appeal. hence, appeal is dismissed for non-prosecution. sd/- (ravi v hosmani) judge grd list no.: 1 sl no.: 5

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.342 OF 2013 (SP) BETWEEN: MOHAMMED HANEEF, S/O SHEIK MEHBOOB SAB, AGED ABOUT 55 YEARS, R/A HINDIGANALA VILLAGE, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562 114. …APPELLANT [BY SMT. NEERAJA KARANTH, ADVOCATE FOR SRI K. SHRIHARI, ADVOCATE (PH)] AND:
1. MOHAMMED DASTAGIR, @ VEEAPURA DASTAGIR, AGED ABOUT 60 YEARS,
2. AKBAR @ VEERAPURA AKBAR,

Digitally RESONDENTS NO.1 & 2 ARE signed by R/A ARAHALLI VILLAGE AND POST, ANUSHA V BACKSIDE OF MASJID, Location: KOLAR TAUK AND DISTRICT- 563 101. High Court of Karnataka 3. B. CHANNAPPA, S/O SOOLUR DODDABYRAPPA, CHANJIMALE VILLAGE, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT - 563 101.

4. SREENIVASAIAH, S/O MUNISHAMAPPA, AGED ABOUT 53 YEARS,

5. NARAYANASWAMY, S/O LATE MUNISHAMAPPA, AGED ABOUT 47 YEARS, -2- RESPONDENTS NO.4 & 5 ARE R/A HORAMAVU VILLAGE & POST, KRISHNARAJAPURAM HOBLI, BANGALORE NORTH TALUK, BANGALORE DISTRICT - 560 043. …RESPONDENTS (R3 - SERVED) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE

JUDGMENT & DECREE DTD 13.4.2011 PASSED IN R.A.NO.214/2009

ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.10.2009 PASSED IN OS.NO.332/2008 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) KOLAR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI

ORAL JUDGMENT

Notice issued to respondents no.1, 2, 4 and 5 was unsuccessful thrice. By order dated 03.01.2024, time was granted to file application for substituted service. Till date, applications are not filed. Learned counsel for appellant submits no instructions. This would indicate that appellant is not diligent in pursuing appeal. Hence, appeal is dismissed for non-prosecution. SD/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 5

Same Court & Year Karnataka Orders · 2024 Same Parties Mohammed Haneef vs Mohammed Dastagir Same Judge Ravi V Hosmani