IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 7Th DAY OF OCTOBER, 2004 PRESENT THE HON BLE MR. JUSTICE S.R. NAYAK AND THE HON’ BLE MRS. JUSTICE MAJULA CHELLUR REGULAR FIRST APPEAL NO 928 OF 2000 BETWEEN ABIDZUNNISSA @ ABIDA MAJOR, W/O. MD. ABBAS R/O NARAPPA ROAD CHAINTAMANI APPELLANT. (By Sri. K PRABHAKAR & ASSOCIATES, ADVOCATES) AND 1. NOOR-UN-ISSA BEGUM MAJOR, S/0 M.AYAB KHAN ATS BUS OWNER CHINTAMANI KOLAR DIST 2. MOHAMMED ISMAIL NAWAB MAJOR, cop Assistant Reistmr High Conri ol Krnafaka Barga1ore 5600)1 RFA.No.928/2000 S/0 LATE MOHD GROUSE, LANDLORD AND MERCHANT M.G. ROAD, CHINTAMANI 3. LAKSHMJDEVAMMA MAJOR, 352, 1ST N BLOCK, RAJAJINAGAR BANGALORE 4. DR G S SHANTH, MAJOR, MBBS, MEDICAL PRACTIONER SHANTHI CLINIC M.G.ROAD, CHINTAMANI 5. H S TJRYNARAYA IYENGAR MAJOR, PROP: J.B.BAKERY M.G.ROAD CHINTAMANI. 6. FATHIMUNNISA MAJOR, W/O LATE MOHAMED GOUSE M.G.ROAD, CHINTAMANI (SINCE DEAD BY LRS MOHD. ISMAIL @ NAWAB - 1ST RESPONDENT> 7. SABIRUNNISSA MAJOR, D/O SYED KHADER CHINTAMANI (REP. BY ADV D2 TO 4 DLP, D6 BY ASN) 8. P SYED KHAN MAJOR, 4 I 4 3 RFA.No.928/2000 S/0 P.MOHIDDIN KHAN R/O M.G. ROAD, CHINTAMANI 9. P MOHABOOB KHAN MAJOR, S/0 SYED KHAN R/Q M.G.ROAD, CHINTAMANI REPAY DLP/BRP RESPONDENTS (By Sri.K. N. SUBBAREDDY, ADVOCATE FOR R4 & R5, SRI. 0 BALAKRISHNA SHASTRY, ADVOCATE FOR C/Ri SRI. B. C. SEETHARAMA RAO, ADVOCATE FOR R7 & R8) THIS RFA FILED U/S. 96 OF CPC R/W. ORDER 41 R 1 OF CPC AGAINST THE ORDER DT. 10.7.2000 PASSED IN F.D.P.NO. 2/89 BY THE CIVIL JUDGE, SR.DN. AND JMFC, CHINTAMANI, L Qirçç )1 ALLOWING THE PETITION FOR APPOINTMENT OF CGMM&N TO EFFECT PARTITION ETC., This Regular First Appeal is coming on for orders this day, the Court made the following: :1 (44 4 RFA.No.928/2000 ORDER Finally four weeks time is granted to take steps with regard to deceased R3, and to file paper book, failing which the appeal shall stand dismissed for non-prosecution without any further orders from the court. Sd/ JUDGE Sd/ - JUDGE C T By: KTY RBy:c CBy ) * UI — .‘ . *. .‘-.% . i - ‘O .r’’ \4 — IH 1%. L. - ‘; s—