Shri.Saheblal S/O Allisab Mulla vs Shri.Laxman S/O Dhareppa Kumbhar
2023 Latest Caselaw 52 Kant

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                                                             RFA No. 100487 of 2019

                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                DATED THIS THE 2ND DAY OF JANUARY, 2023
                                                PRESENT
                          THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                                                      AND
                                   THE HON'BLE MR JUSTICE C M JOSHI
                           REGULAR FIRST APPEAL NO. 100487 OF 2019 (SP)
                   BETWEEN:

                          SHRI.SAHEBLAL S/O ALLISAB MULLA
                          AGE: 95 YEARS, OCC: NIL,
                          R/O: GADYAL, TQ: JAMKHANDI,
                          DIST: BAGALKOTE-587301.

                                                                         ...APPELLANT
                   (BY SRI. SANGRAM S KULKARNI, ADVOCATE)
                   AND:

                          SHRI.LAXMAN S/O DHAREPPA KUMBHAR
                          AGE: 66 YEARS, OCC: AGRICULTURE,
                          R/O: SAPTASAGAR-591304,
                          TQ: ATHANI, DIST: BELAGAVI.

                                                                        ...RESPONDENT
                   (BY SRI. H R DESHPANDE & SMT. USHA DESHPANDE, ADVOCATES)


                           THIS RFA FILED UNDER ORDER 41 RULE 1 AND 2 READ WITH
J
MAMATHA            SEC.    96    OF   CPC   AGAINST    THE   JUDGMENT   AND   DECREE
Digitally signed
by J MAMATHA
                   DTD:15.07.2019 PASSED IN O.S.NO.71/2014 ON THE FILE OF THE
Date: 2023.01.03
11:30:56 +0530
                   PRINCIPAL SENIOR CIVIL JUDGE & JMFC, JAMKHANDI, ALLOWING
                   THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.

                           THIS APPEAL COMING ON FOR ORDERS, THIS DAY, DR. H.B.
                   PRABHAKARA SASTRY J., PASSED THE FOLLOWING:
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                                      RFA No. 100487 of 2019

                             ORDER

Learned counsel for the appellant, who is physically

present, does not dispute the death of sole appellant in

the matter. Memo dated 22.06.2022 filed along with

Death Certificate also mentions about the death of sole

appellant in the matter.

In view of the death of the sole appellant and since

the alleged legal representatives, if any, of the deceased

appellant have not been brought on record till date, by

virtue of law, the appeal stands abated.

Sd/-

JUDGE

Sd/-

JUDGE

JTR