Shukoor Sab vs Smt Shanthamma
2023 Latest Caselaw 9185 Kant

Karnataka High Court

Shukoor Sab vs Smt Shanthamma on 4 December, 2023

                                             -1-
                                                     NC: 2023:KHC:43649
                                                   RSA No. 1460 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                         BEFORE
                  THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                    REGULAR SECOND APPEAL NO.1460 OF 2016 (DEC)

             BETWEEN:

             1.    SHUKOOR SAB
                   S/O LATE JABBAR SAB
                   AGED ABOUT 61 YEARS

             2.    SATHAR SAB
                   S/O LATE JABBAR SAB
                   AGED ABOUT 54 YEARS

             3.    SARDAR SAB
                   S/O LATE JABBAR SAB
                   AGED ABOUT 51 YEARS

                   ALL ARE R/O
                   THORALAKKI VILLAGE
Digitally          TEKAL HOBLI
signed by
ALBHAGYA           MALUR TALUK
Location:          KOLAR DISTRICT - 563130
HIGH COURT
OF                                                       ...APPELLANTS
KARNATAKA
             (BY SRI. RASHEED KHAN, ADVOCATE)

             AND:

                   SMT.SHANTHAMMA
                   W/O SRINIVAS
                   D/O SADANAYAKA
                   AGED ABOUT 45 YEARS
                             -2-
                                         NC: 2023:KHC:43649
                                       RSA No. 1460 of 2016




    R/O THORALAKKI VILLAGE
    TEKAL HOBLI, MALUR TALUK
    KOLAR DISTRICT - 563 130

                                             ...RESPONDENT
(BY SRI.M.R.SHALAMALA, ADVOCATE)

     THIS RSA IS FILED UNDER SECTION 100 OF THE CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 10.03.2016
PASSED    IN   R.A.NO.120/2011    ON   THE   FILE   OF   THE
II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGMENT AND DECREE DATED 17.11.2011 PASSED IN
O.S NO.247/2011 (OLD NO.391/2007) ON THE FILE OF THE
SENIOR CIVIL JUDGE, MALUR AND ETC.


     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

None appears for the appellants.

2. Though the appeal against appellant No.2

stood abated on 25.05.2023, no steps are taken to

set-aside the abatement.

NC: 2023:KHC:43649

3. On examining the decree rendered by the

Appellate Court, this Court would find that the decree is

not divisible.

4. Therefore, I am of the view that the entire

appeal stands abated as no steps are taken to bring the

legal representatives of the deceased appellant No.2 on

record.

For the reasons stated supra, the entire appeal is

dismissed as abated.

Sd/-

JUDGE

NBM