Sri Abdul Hameed S/O Shaikh ... vs Sri Rachanna S/O Baswanappa ...
2022 Latest Caselaw 1601 Kant

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           IN THE HIGH COURT OF KARNATAKA

                   KALABURAGI BENCH

      DATED THIS THE 02ND DAY OF FEBRUARY, 2022

                            BEFORE

          THE HON'BLE MRS.JUSTICE J.M.KHAZI

                    RSA.No.390/2006


BETWEEN:


01.     SRI. ABDUL HAMEED
        DIED BY HIS LRS.

01A. SMT. AMEENA BEGUM W/O LATE ABDUL HAMEED
     AGE: 60 YEARS

01B. ABDUL HAFEEZ S/O LATE: ABDUL HAMEED
     AGE: 38 YEARS
     BOTH R/O: H.NO.11-1581/6,
     VIDYANAGAR COLONY, KALABURAGI.

                                          ... APPELLANTS

        (BY SRI. A. P. JAHAGIRDAR, ADVOCATE (ABSENT))

AND:

SRI. RACHANNA S/O BASWANAPPA KURKOTI
AGE: MAJOR OCC: LEGAL - PRACTITIONER
R/O: GULBARGA - 585 101.


                                            ... RESPONDENT

          (BY SRI. SHIVAKUMAR KALLOR, ADVOCATE)
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      THIS   REGULAR    SECOND      APPEAL   IS   FILED   UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO SET-
ASIDE THE JUDGMENT AND DECREE           DATED 26.10.2005 IN
R.A.NO.115/2004 PASSED BY THE LEARNED FAST TRACK
COURT - IV, GULBARGA AND CONFIRM THE JUDGMENT AND
DECREE DATED 05.01.1999 IN O.S.NO.1097/1989 PASSED BY
THE   LEARNED   III    ADDITIONAL    CIVIL   JUDGE    (JR.   DN)
GULBARGA WITH COST.
      THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-

                         JUDGMENT

In this case there is sole respondent. Vide memo

dated 20.12.2018 the learned counsel for the respondent

has reported the death of the respondent and stated that

the respondent is died leaving behind his wife Smt. Saroja

and his son Nagaraj.

It is noticed from the records that after 03 years of

filing of the memo, no steps are taken to bring the legal

heirs of the deceased - respondent. Already the appeal is

abated. In view of the same, the appeal is dismissed as

abated.

Sd/-

JUDGE KJJ