Sri M Mohammad Aslam vs Smt Iqbal Banu
2022 Latest Caselaw 3360 Kant

                         1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                      BEFORE

          THE HON'BLE MR. JUSTICE M.I.ARUN

              RFA NO.43 OF 2015 (INJ)

BETWEEN:

SRI. M. MOHAMMAD ASLAM
S/O. LATE NIAZ MOHAMMAD
AGED ABOUT 57 YEARS,
RESIDING AT NO.15, 4TH CROSS,
KEMPAIAH BLOCK, J.C. NAGAR,
BENGALURU-560 006.
                                        ... APPELLANT

(BY SRI. NARAYANA SWAMY P.M, ADVOCATE )

AND:

1.     SMT. IQBAL BANU
       W/O. ABDUL AZEEM,
       AGED ABOUT 81 YEARS,
       RESIDING AT NO.75/1,
       CALCUTTA STREET,
       CALCUTTA, WEST BENGAL.

2.     THE COMMISSIONER,
       BENGALURU MAHANAGARA PALIKE,
       N.R. SQUARE,
       BENGALURU-560 002.

3.     SMT. G.S. NAVEENA,
       D/O. R. SUBRAMANYAM,
       AGED ABOUT 44 YEARS,
       RESIDING AT NO.28/13,
       3RD CROSS, GANESHA BLOCK,
       SULTHANPALYA,
                           2


     R.T. NAGAR POST,
     BENGALURU-560 032.
                                  ... RESPONDENTS
(BY SRI. M.A. HUMANUN FOR R1;
     SRI. HARISH N.N, AAREN ASSTS FOR C/R3)


      THIS RFA IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED
7.11.2014 PASSED IN O.S.NO.2469/2003 ON THE FILE
OF XL ADDITIONAL CITY CIVIL JUDGE AND SESSIONS
JUDGE, BENGALURU, DISMISSING THE SUIT FOR
DECLARATION AND PERMANENT INJUNCTION.

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

                     JUDGMENT

Learned counsel for the appellant has filed a

memo dated 15.12.2021 stating that the sole

appellant died on 01.11.2020.

No steps have been taken to bring the legal

representatives of deceased appellant on record.

The appeal stands abated.

Sd/-

JUDGE

AG