Shaikh Abdullah S/O Mohammed ... vs Syed Kareem Patel S/O Meeran Patel ...
2022 Latest Caselaw 12542 Kant

                           1

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

      DATED THIS THE 18TH DAY OF OCTOBER, 2022

                       BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

              RSA NO.7003/2013 (INJ)
                       C/W
              RSA NO.7005/2013 (INJ)

RSA NO.7003/2013

BETWEEN

SHAIKH ABDULLAH S/O MOHAMMED PATEL
AGE: 58 YEARS, OCC. AGRICULTURE,
R/O DASTAPUR, TQ. CHINCHOLI,
DIST. GUBLARGA - 585307
                                         ...APPELLANT

(BY SRI MANVENDRA REDDY, ADVOCATE)

AND

1 . SYED KAREEM PATEL S/O MEERAN PATEL
AGE:64 YEARS, OCC: AGRICULTURE,
R/O DASTAPUR TQ. CHINCHOLI,
DIST. GULBARGA - 585307

2 . THE STATE THROUGH
THE DEPUTY COMMISSIOENR
VIDHANA SOUDHA MAIN ROAD
GULBARGA - 585307

3 . THE TAHASILDAR
CHINCHOLI, TQ. CHINCHOLI
DIST. GULBARGA - 585307
                              2

4 . THE VILLAGE ACCOUNTANT
DASTAPUR, TQ. CHINCHOLI,
DIST. GULBARGA - 585307
                                           ...RESPONDENTS

(BY SRI B. D. HANGARKI, ADVOCATE FOR R1;
R2 & R3 SERVED, NOTICE TO R4 HELD SUFFICIENT)

    THIS RSA IS FILED U/S.100 OF CPC PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 25.03.2010 PASSED IN
O.S.NO.129/2004 BY THE LEARNED ADDL. CIVIL JUDGE
(JR.DN.) & JMFC, CHINCHOLI AND THE JUDGMENT AND DECREE
DATED 16.08.2012 PASSED IN R.A.NO.33/2010 BY THE
HON'BLE     SENIOR    CIVIL    JUDGE,   CHINCHOLI    AND
CONSEQUENTLY DECREE THE SUIT OF THE PLAINTIFF.

RSA NO.7005/2013

BETWEEN

SMT. PARAMMA W/O IRAPPA PARIT
AGE: 852 YEARS, OCC. AGRICULTURE AND
HOUSEHOLD, R/O CHIMMAIDLAI,
TQ. CHINCHOLI, DIST. GULBARGA - 585307
                                             ...APPELLANT

(V/O DTD 04.02.2021 COURT NOTICE SERVED)

AND

SYED KAREEM PATEL S/O MEERAN PATEL
AGE: 74 YEARS, OCC. AGRICULTURE,
R/O DASTAPUR, TQ. CHINCHOLI,
DIST. GULBARGA - 585307
                                           ...RESPONDENT

(BY SRI B. D. HANGARKI, ADVOCATE)

    THIS RSA IS FILED U/S.100 OF CPC PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 31.07.2009 PASSED IN
O.S.NO.115/1999 BY THE LEARNED PRL. CIVIL JUDGE (JR.DN.)
& JMFC, CHINCHOLI AND THE JUDGMENT AND DECREE DATED
16.08.2012 PASSED IN R.A.NO.59/2009 BY THE HON'BLE
                           3

SENIOR CIVIL JUDGE, CHINCHOLI       AND   CONSEQUENTLY
DECREE THE SUIT OF THE PLAINTIFF.

      THESE APPEALS ARE COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                     JUDGMENT

The learned counsel for the appellants submits

that first respondent, who is the contesting party in

both the cases has died about 2 years back. If the

first respondent is the contesting party, then these

appeals have to be dismissed as abated. Accordingly,

second appeals are dismissed as abated.

Sd/-

JUDGE

Srt