Mehaboobalikhan vs Ajit
2021 Latest Caselaw 1684 Kant

                        :1:


           IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 2ND DAY OF MARCH 2021

                      BEFORE

  THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO


             R.S.A. No.913/2012 C/W
        R.S.A.No.914/2012 (Partn. & Inj.)

BETWEEN:

1. MEHABOOBALIKHAN
   S/O. HASSANKHAN JAHAGIRDHAR,
   AGED ABOUT 55 YEARS,
   OCC: BUSINESS,
   R/O. ASAR ONI,
   DHARWAD DISTRICT.

2. HAMEEDKHAN
   S/O. HASSANKHAN JAHAGIRDHAR,
   AGED ABOUT 53 YEARS,
   OCC: AUTO DRIVER,
   R/O. OLD HUBLI,
   DHARWAD DISTRICT.

3. NOORULLAKHAN
   S/O. HASSANKHAN JAHAGIRDHAR,
   AGED ABOUT 51 YEARS,
   OCC: BUSINESS,
   R/O. HUBLI, DHARWAD DISTRICT.
                              .....COMMON APPELLANTS
(BY SRI GIRISH YADWAD, ADV. FOR
SRI V.P. KULKARNI & SRI HARISHKUMAR M.S., ADVS.)
                         :2:


AND:

1. AJIT S/O. ANANT GOWDA PATIL,
   AGED MAJOR, OCC: BUSINESS,
   R/O.ULLAGADDI MATH,
   BUTTER MARKET, HUBLI,
   DHARWAD DISTRICT.

2. GANGADHAR
   S/O. MUDUKAPPA KALBURGI,
   AGED ABOUT 50 YEARS,
   OCC: TAX PRACTITIONER,
   R/O. BENGERI, HUBLI,
   DHARWAD DISTRICT.
                                  .....RESPONDENTS IN
                                   R.S.A.No.913/2012

(BY SANGRAM S. KULKARNI, ADV. FOR R-1
R-2 SERVED)

AND:

1. AJIT S/O. ANANT GOWDA PATIL,
   AGED MAJOR, OCC: BUSINESS,
   R/O.ULLAGADDI MATH,
   BUTTER MARKET, HUBLI,
   DHARWAD DISTRICT.

2. HUBLI-DHARWAD MUNICIPAL CORPORATION,
   BY ITS COMMISSIONER, HDMC,
   HUBLI.
                              .....RESPONDENTS IN
                                R.S.A.No.914/2012

(BY SRI S.S. KULKARNI, ADV. FOR R-1
SRI G.I. GACHCHINAMATH, ADV. FOR R-2)

    R.S.A.No.913/2012 IS FILED UNDER SECTION 100
OF CPC AGAINST THE JUDGMENT AND DECREE DATED
                           :3:


16.02.2012 PASSED IN R.A.No.125/2008 ON THE FILE OF
THE FIRST ADDL. SENIOR CIVIL JUDGE, HUBLI,
ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDDGMENT AND DECREE DATED 24.10.2008 PASSED IN
O.S.No.467/2005 ON THE FILE OF THE III ADDL. CIVIL
JUDGE (JR.DN.), HUBLI.

     R.S.A.No.914/2012 IS FILED UNDER SECTION 100
OF CPC AGAINST THE JUDGMENT AND DECREE DATED
16.02.2012 PASSED IN R.A.No.29/2009 ON THE FILE OF
THE FIRST ADDL. SENIOR CIVIL JUDGE, HUBLI,
ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDDGMENT AND DECREE DATED 24.10.2008 PASSED IN
O.S.No.467/2005 ON THE FILE OF THE III ADDL. CIVIL
JUDGE (JR.DN.), HUBLI.

     THESE APPEALS COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

It is submitted that all the appellants who are

common in both the appeals are dead.

2. Legal representatives of the deceased

appellants are not brought on record within the statutory

period. Hence, both the appeals are dismissed as abated.

Sd/-

JUDGE

Naa