Abdul Hakeem S/O Lal Ahmed Jamadar vs Bheemsehtty S/O Shankerappa Murthy
2023 Latest Caselaw 10584 Kant

Karnataka High Court

Abdul Hakeem S/O Lal Ahmed Jamadar vs Bheemsehtty S/O Shankerappa Murthy on 14 December, 2023

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                                                     NC: 2023:KHC-K:9239
                                                        RSA No. 7433 of 2013




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                         DATED THIS THE 14TH DAY OF DECEMBER, 2023

                                           BEFORE

                              THE HON'BLE MRS JUSTICE M G UMA

                        REGULAR SECOND APPEAL NO. 7433 OF 2013 (INJ)

                   BETWEEN:

                   ABDUL HAKEEM
                   S/O LAL AHMED JAMADAR
                   AGED ABOUT: 65 YEARS,
                   OCC: AGRICULTURE,
                   R/O: HALLIKHED (K),
                   TQ. HUMNABAD,
                   DIST. BIDAR-585330.
                                                                ...APPELLANT

                   (BY SRI RAJA VENKATAPPA NAIK, ADVOCATE)

                   AND:

                   1.   BHEEMSHETTY
Digitally signed        S/O SHANKERAPPA MURTHY
by SWETA
KULKARNI                AGED 42 YEARS, OCC: AGRICULTURE,
Location: HIGH          R/O: GADI NINGADALLI,
COURT OF                NOW AT CHITGUPPA,
KARNATAKA
                        TQ. HUMNABAD,
                        DIST. BIDAR-585330.

                   2.   SARDAR SAB
                        S/O ABDUL HAKEEM JAMADAR
                        AGED ABOUT 40 YEARS,
                        OCC: AGRICULTURE & DRIVER,
                        R/O: HALLIKHED-K,
                        TQ. HUMNABAD,
                        DIST. BIDAR-585330.
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                                  NC: 2023:KHC-K:9239
                                     RSA No. 7433 of 2013




3.   BABUSAB
     S/O AZEEZSAB JAMADAR
     AGED ABOUT 50 YEARS, OCC: AGRICULTURE
     R/O HALLIKHED-K,
     TQ. HUMNABAD-585330.

4.   MASTANSAB
     S/O RAJASAB JAMADAR
     AGED ABOUT 28 YEARS,
     OCC: AGRICULTURE,
     R/O HALLIKHED-K,
     TQ. HUMNABAD-585330.

5.   TAJODDIN S/O QUTUBUDDIN MULLA
     AGED ABOUT 47 YEARS,
     OCC: PETRI BUSINESS,
     R/O HALLIKHED-K,
     TQ. HUMNABAD-585330.

                                          ...RESPONDENTS

(BY SRI SACHIN M MAHAJAN, ADV. FOR R1;
    R2 TO R4 ARE SERVED)

      THIS RSA IS FILED U/S. 100 OF THE CPC, PRAYING TO
ALLOW THIS APPEAL AND TO SET ASIDE THE JUDGMENT AND
DECREE DATED: 08.08.2013 PASSED IN R.A. NO. 142/2011
(OLD NO. 17/2008) ON THE FILE OF THE SENIOR CIVIL JUDGE
AT HUMNABAD, AND THE JUDGMENT AND DECREE DATED
31.03.2008 PASSED IN O.S. NO.14/2007 BY THE ADDL. CIVIL
JUDGE (JD) AT HUMNABAD, AND TO PASS ANY OTHER
APPROPRIATE ORDER, IN THE INTEREST OF JUSTICE.


      THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                    NC: 2023:KHC-K:9239
                                          RSA No. 7433 of 2013




                         JUDGMENT

Learned counsel for the appellant prays for time to take

steps against deceased sole appellant.

It is stated that the sole appellant died on 20.08.2023.

The appeal is already abated. Hence, the appeal is dismissed

as abated.

Sd/-

JUDGE

SWK CT-VD