Smt Jabeen Taj vs Sri G Basheer Khan
2022 Latest Caselaw 5311 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 23RD DAY OF MARCH, 2022

                      BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

  REGULAR FIRST APPEAL NO.934 OF 2011 (PAR/INJ)

BETWEEN:

SMT. JABEEN TAJ
W/O ALLABAKASH
AGED ABOUT 39 YEARS
RESIDING AT 32/1A,
8TH CROSS
VINAYAKANAGAR
BENGALURU-30.

                                        ...APPELLANT

(BY SRI.R ABDUL REYAZ KHAN, ADVOCATE)

AND

SRI G BASHEER KHAN
S/O LATE GAFFAR KHAN
AGED ABOUT 48 YEARS
RESIDING AT NO.19, 4TH CROSS
OLD PENSION MOHALLA
MYSORE ROAD
BENGALURU-18.

                                   .....RESPONDENT

(BY SRI.B.K.MANJUNATH, ADVOCATE)
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     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 03.03.20211 PASSED IN O.S.25162/2008
ON THE FILE OF THE IV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AT MAYO HALL UNIT, BENGALURU CITY,
DECREEING THE SUIT FOR PERMANENT INJUNCTION.

     THIS REGULAR FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                          JUDGMENT

The learned counsel appearing for the respondent

has filed a memo dated 07.12.2021 reporting the death of

the sole respondent on 24.04.2021.

2. Since the sole respondent has died on

24.04.2021 and the applications are not yet filed, the

appeal has already abated.

3. Therefore, this appeal is dismissed as abated.

Sd/-

JUDGE

NBM