IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 7051 OF 2012 (RES)

BETWEEN: ANWAR BEE W/O MD. SAILANEE AGE ABOUT 52 YEARS, OCC: HOUSEHOLD, R/O: JOIANA, TQ: AURAD (B)

DIST: BIDAR – 585 401.

…APPELLANT (SRI ANWAR BEE W/O MD. SAILANEE APPELLANT (ABSENT)

AND:

1. AJMERA BEE W/O LATE MD. ISMAIL AGE ABOUT 43 YEARS, OCC: AGRICULTURE & HOUSEHOLD, R/O JOJANA, TQ: AURAD-B DIST: BIDAR, NOW RESIDING AT WADGAON-D, TQ: AURAD-B, DIST: BIDAR – 585 401.

2. MD. NABI S/O PASHA MIYAN AGED ABOUT 40 YEARS, OCC: NIL, R/O: JAJANA, TQ. AURAD-B, NOW AT CENTRAL JAIL, GULBARGA – 585 102.

3. MD. ABBAS S/O LATE PASHA MIYAN AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O: VILLAGE JOJANA, TQ: AURAD-B, NOW AT CENTRAL JAIL, GULBARGA THROUGH GPA HOLDER TAHERA BEE W/O MD. NABI SAB AGED ABOUT 38 YEARS, OCC: HOUSEHOLD, R/O: VILLAGE JOJANA, TQ: AURAD, NOW AT KHARASGUNTI TQ: NARAYANKHED, DIST: MEDAK ANDRAPRADESH.

4. MD. SAILANEE S/O AGAH SAB (AGHA SAB)

AGED ABOUT 57 YEARS, OCC: AGRICULTURE, R/O: VILLAGE JOJANA, TQ: AURAD-B, DIST: BIDAR – 585 401.

…RESPONDENTS THIS REGULAR SECOND APPEAL IS SET ASIDE THE JUDGMENT AND DECREE DATED 10.11.2011 PASSED IN R.A.NO.71/2010 BY THE LEARNED PRESIDING OFFICER, FAST TRACK COURT-I, BIDAR, INSOFAR AS DECLARING THAT THE SALE DEED DATED 27.02.1984 EXECUTED IN THE NAME OF ZOHRABEE AND DEFENDANT NO.3 IS BENAMI AND NOMINAL, PRARTY SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.07.2010 PASSED IN O.S.NO.186/2001 BY THE LEARNED PRINCIPAL CIVIL JUDGE (SR.DN), BIDAR AND PASS ANY OTHER APPROPRIATE ORDER AS THIS HON’BLE COURT DEEM FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.

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)

Though appellant name was shown in the cause title, there is no representation on behalf of the appellant.

Office objections raised on I.A.Nos.1/2016 and

2/2016 are not removed despite giving opportunities on 07.06.2017 and 23.01.2019. Hence, the appeal is dismissed for non-prosecution.

Sd/-

(ANANT RAMANATH HEGDE)

JUDGE TMP List No.: 1 Sl No.: 10