Allabaksh S/O Abdul Aziz Budde vs Abdul Aziz S/O Meheboobsab Budde
2023 Latest Caselaw 385 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

   DATED THIS THE 05TH DAY OF JANUARY, 2023

                        BEFORE

       THE HON'BLE MR.JUSTICE C.M.POONACHA

            RSA No.7212/2012 (DEC-INJ)

BETWEEN:

ALLABAKSH S/O ABDUL AZIZ BUDDE
AGED: 32 YEARS, OCC: PRIVATE SERVICE
R/O ALAND AT PRESENT PRASHA-R-SULEMAN
COMPOUND, SMD ROAD, NEAR SATHI BAKERY
MUMBAI 37, AANTOPHIL-585302.
                                     ...APPELLANT
(BY SRI.IQUBAL AHMED KHAN, ADVOCATE)

AND:

ABDUL AZIZ S/O MEHEBOOBSAB BUDDE
AGE: 64 YEARS, OCC: AGRICUALTURE
R/O BANDERWADA GALLI, ALAND PROPER,
TQ. ALAND, DIST:GULBARGA-585302.
                                         ... RESPONDENT

      This Regular Second Appeal is filed under Section
100 R/w 42 Rule 1, CPC, praying to set aside the judgment
and decree passed in R.A.No.238/2010 dated 08.12.2011
on the file of the IV Addl. District Judge, Gulbarga and
confirming the judgment and decree passed by the trial
Court dismissing the suit of plaintiff/respondent in
O.S.No.62/2006 dated 07.09.2010 on the file of the Civil
Judge (Sr.Dn) at Aland by allowing the appeal.
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      This appeal coming on for Orders this day, the Court
delivered the following:

                      JUDGMENT

None appears for the appellant.

2. Notice issued to sole respondent is

returned with postal endorsement as "addressee

deceased". Noticing the same, this Court vide order

dated 10.01.2020 granted two weeks time to the

appellant to take necessary steps in this regard.

3. Despite passage of nearly 3 years, the legal

representatives of deceased have not been brought on

record. In view of the same, the above appeal is

dismissed as having abated.

SD/-

JUDGE

msr