Sri K M Mohammed Akbar vs Sri M B Ramachandran
2023 Latest Caselaw 3863 Kant

                                          -1-
                                                NC: 2023:KHC:22531
                                                  RFA No. 1191 of 2008




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 30TH DAY OF JUNE, 2023

                                       BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 1191 OF 2008 (DEC)
                 BETWEEN:

                 SRI K M MOHAMMED AKBAR
                 S/O SRI MOHIDDEN SAB
                 AGED ABOUT 52 YEARS
                 R/A NO.11, 5TH CROSS ROAD
                 KEMPAIAH BLOCK
                 J.C.NAGAR, MUNIREDDYPALYA
                 BANGALORE 560006.
                                                           ...APPELLANT
                 (BY SRI. MOHAMED NASIRUDDIN.,ADVOCATE)

                 AND:

                 SRI M B RAMACHANDRAN
                 S/O SRI BYRAPPA
                 MAJOR
Digitally signed R/A NO.23,NANDIDURGA ROAD
by               MUNIMARAPPANAPALYA
DHANALAKSHMI
MURTHY           BANGALORE-560006.
Location: High                                            ...RESPONDENT
Court of
Karnataka        (BY SRI.ANIL RAMACHANDRA, ADVOCATE FOR
                     SRI. H R ANANTHAKRISHNA MURTHY.,ADVOCATE)
                      THIS RFA IS FILED UNDER SECTION 96 OF THE CPC
                 AGAINST THE JUDGEMENT AND DECREE DATED:29.7.08
                 PASSED IN OS.NO. 10831/1997 ON THE FILE OF THEXXVIII
                 ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE,
                 DISMISSING THE SUIT FOR DECLARATION AND PERMANENT
                 INJUNCTION.

                      THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
                 THE COURT DELIVERED THE FOLLOWING:
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                                          NC: 2023:KHC:22531
                                               RFA No. 1191 of 2008




                            JUDGMENT

1. Learned counsel for the respondent submits

that the sole respondent died on 24.01.2023. So far no

application has been filed to bring the legal

representatives of deceased sole respondent on record.

2. Submission is taken on record.

3. Accordingly, the appeal is dismissed as

abated.

Sd/-

JUDGE

HA