Mohammad Iqbal S/O Fakiruddin ... vs Mahadevi W/O Adappa Salanki
2022 Latest Caselaw 2112 Kant

               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

           DATED THIS THE 9TH DAY OF FEBRUARY 2022

                               BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                 RSA.NO.100960/2014 (DEC/INJ)
BETWEEN

MOHAMMAD IQBAL S/O FAKIRUDDIN CHINNUR
AGED 61 YEARS, OCC: BUSINESS,
R/O. ATTIKOLLA DHARWAD, 580007

                                                  ... APPELLANT

(BY SRI.ROHIT S.PATIL, ADV.)

AND

SMT.MAHADEVI W/O ADAPPA SALANKI
AGED ABOUT 52 YEARS,
OCC: HOUSE HOLDS WORK,
R/O. NISARGA II CROSS MALAMADDI,
DHARWAD-580001
                                                ... RESPONDENT

(BY SRI.GANGADHAR S.HOSAKERI, ADV.)

      THIS APPEAL IS FILED U/S.100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD: 22.09.2014 PASSED IN R.A.NO.66/2012
ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND
CJM., DHARWAD, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DTD:16.06.2012 AND THE DECREE PASSED
IN O.S.NO.109/2002 ON THE FILE OF THE I ADDITIONAL CIVIL
JUDGE AND JMFC AT DHARWAD, DECREEING THE SUIT FILED FOR
DECLARATION AND MANDATORY INJUNCTION.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                 2




                           JUDGMENT

Learned counsel Sri.Gangadhar S.Hosakeri appearing

for respondent/plaintiff submits that suit was one for

declaration and for possession of alleged encroachment.

Respondent/plaintiff having succeeded before both the

courts below and since there was no interim order in the

present second appeal, in the execution proceedings,

respondent/plaintiff succeeded in securing the possession

of the encroached portion and execution petition is closed

as fully satisfied.

2. At this juncture, learned counsel for the

appellant/defendant submits that sole appellant has died in

an around 2017 and he has no instruction by the legal

heirs of the deceased sole appellant.

3. In view of the decree being satisfied and the

fact that legal heirs of deceased sole appellant/defendant

have not taken any steps for the last five years to

prosecute the appeal, nothing survives for consideration.

However, since the death of appellant is reported, appeal is

dismissed as abated.

SD/-

JUDGE MBS/-