Karnataka High Court
Kamalakar S/O Dattararya Itgamapalli vs Abdul Hameed S/O Abdul Karimsab And Anr on 30 July, 2024
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NC: 2024:KHC-K:5447
RSA No. 7439 of 2013
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH
HEGDE
REGULAR SECOND APPEAL NO.7439 OF 2013
(DEC/INJ)
BETWEEN:
KAMALAKAR S/O DATTATRYA ITGAMAPALLI,
AGE: MAJOR, OCC: BUSINESS,
R/O SANGAMESHWAR NILAYA,
ANAND NAGAR, STATION BAZAR,
GULBARGA-585 102.
...APPELLANT
(APPELLANT IS DEAD AS PER BAILIFF REPORT)
AND:
Digitally signed
by RENUKA 1. ABDUL HAMEED
Location: HIGH S/O ABDUL KARIMSAB,
COURT OF
KARNATAKA AGE: 43 YEARS, OCC: BUSINESS,
R/O RAHEMATH NAGAR,
GULBARGA-585 103.
2. YOUSUFUDDIN S/O MD. NIZAMUDDIN,
AGE: 45 YEARS, OCC: BUSINESS,
R/O RAHEMATH NAGAR,
GULBARGA-585 103.
...RESPONDENTS
(SRI GANESH S. KALBURGI, ADVOCATE FOR R1)
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NC: 2024:KHC-K:5447
RSA No. 7439 of 2013
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND DECREE DATED 12.09.2013 PASSED IN
R.A.NO.97/2012 BY THE IST ADDITIONAL SENIOR CIVIL JUDGE,
GULBARGA AND CONSEQUENTLY RESTORE THE JUDGMENT
AND DECREE IN O.S.NO.45/2008 DATED 30.07.2012 PASSED
BY THE III ADDITIONAL CIVIL JUDGE AND JMFC, GULBARGA
WITH COST THROUGHOUT.
THIS 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 sole appellant is reported to be dead. The appeal is of the year 2013. There is no representation. Hence, the appeal is dismissed as abated.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE LG List No.: 1 Sl No.: 12