Sri.Abdul Karim Abdulnabi Gadag vs Hazarat Sayyed Fatesh Shah Wali ...
2022 Latest Caselaw 133 Kant

             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH
         DATED THIS THE 04TH DAY OF JANUARY 2022
                           BEFORE
     THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
        REGULAR SECOND APPEAL NO.6337/2012 (DEC)
BETWEEN
SRI ABDUL KARIM ABDULNABI GADAG,
R/O OLD HUBLI, SINCE DECEASED BY HIS LRS.,

1A.    SMT.PHATIMA W/O ABDUL KARIM GADAG
       AGE: 76 YEARS, OCC: HOUSEHOLD,
       R/O:HEGGERI, OLD HUBLI, HUBLI-580024.
                                                   ... APPELLANT
(BY SRI SURESH SS AND SRI R.K.SUNDARAJ ADVTS.)

AND
1.     HAZARAT SAYYED FATESH SHAH WALI DURGA,
       BY ITS COMMITTEE REP BY ITS CHAIRMAN,
       SRI DABEERSAB MAHABOOBSAB LAGADAG,
       AGE:65 YEARS, OCC: MACHENIC,
       R/O: BEERBAND ONI, OLD HUBLI-580024.

2.     SRI K K GOPAL S/O KUNJAYYAPPAN KANARA,
       AGE: 55 YEARS, OCC: BUSINESS,
       R/O: H.NO.154/6, KARWAR ROAD, HUBLI-580024.

3.    SRI ALTAF HUSSAIN S/O QUAZ HUSSAIN PALLAN
      AGE: 40 YEARS, OCC: BUSINESS,
      R/O: VEERAPUR, HUBLI-5800024.
                                             ... RESPONDENTS
(APPEAL AGAINST RESPONDENT NOS.1 & 2 : DISMISSED)
(NOTICE TO RESPONDENT NO.3 : SERVED)

      THIS APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF
CIVIL PROCEDURE PRAYING THIS COURT TO SET ASIDE THE
JUDGMENT AND DECREE IN R.A.NO.116/2009 ON 05.07.2012 ON THE
FILE OF THE I ADDL. SENIOR CIVIL JUDGE COURT, HUBLI BY
CONFIRMING THE JUDGMENT AND DECREE DATED 14.12.2006 IN
O.S.NO.71/2003 ON THE FILE OF THE III ADDL. CIVIL JUDGE (JR.DN.)
HUBLI AND ALLOWING THIS APPEAL AND DECREED THE SUIT OF
PLAINTIFF/APPELLANT.
                             2




     THIS APPEAL COMING ON FOR HEARING ON I.A. THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                       : JUDGMENT :

Learned counsel for the appellant submits that, the

sole appellant has died in the year 2017, however he has

not received any instructions.

The said statement is taken on record, the appeal is

dismissed as abated.

Sd/-

JUDGE EM