Sri K M Maqbool vs Smt. K A Saleema
2023 Latest Caselaw 7015 Kant

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                                                         NC: 2023:KHC:36185
                                                      RSA No. 1038 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 5TH DAY OF OCTOBER, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1038 OF 2021 (PAR)

                   BETWEEN:

                   1.    SRI K.M.MAQBOOL
                         S/O LATE BIBIYAMMA
                         AGED ABOUT 76 YEARS,
                         NO.56, 4TH CROSS,
                         SHESHADRI ROAD,
                         MARAPPA GARDEN,
                         BENSON TOWN,
                         BENGALURU-560 046.
                                                               ...APPELLANT

                               (BY SRI. NAVEED AHMED, ADVOCATE)
                   AND:

Digitally signed   1.    SMT. K.A.SALEEMA
by SHARANYA T            D/O K.M.ABDUL RAHAMAN
Location: HIGH           G/D OF BIBIYAMMA
COURT OF
KARNATAKA                W/O NASRULLA KHAN
                         AGED ABOUT 55 YEARS,
                         R/AT NO.20/2, I.B.ROAD,
                         KUSHALNAGARA TOWN,
                         SOMWARPETE TALUK,
                         KODAGU DISTRICT-571234.

                   2.    SRI.SHAFEEQ AHMED
                         S/O LATE K.M.ABDUL RAHAMAN
                         AGED ABOUT 38 YEARS,
                         G/S OF BIBIYAMMA
                         R/AT 4TH BLOCK,
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                                       NC: 2023:KHC:36185
                                     RSA No. 1038 of 2021




     I.B.ROAD, KUSHALNAGAR,
     SOMWARPET TALUK,
     KODAGU DISTRICT-571 234.

3.   SRI.SHAHNAZ K.A.
     D/O LATE K.M.ABDUL RAHAMAN
     G/D OF BIBIYAMMA,
     AGED ABOUT 36 YEARS,
     KEMMANGUNDI GANJAM POST,
     SRIRANGAPATNA TALUK,
     MANDYA DISTRICT-571 234

4.   SMT.KASTURI
     W/O LATE V.N.MAHESH,
     AGED ABOUT 48 YEARS,

5.   KUM.PRATHAM V.M.
     S/O LATE V.N.MAHESH
     AGED ABOUT 15 YEARS,

6.   KUM.SANIDHYA V M
     D/O LATE V.N.MAHESH
     AGED ABOUT 18 YEARS,

     RESPONDENT NOS.4 TO 6 ARE
     LEGAL HEIRS OF SRI.V.N.MAHESH
     AND R/AT 4TH BLOCK,
     DR RADHAKIRSHNA LAYOUT,
     KUSHALNAGAR TOWN,
     SOMWARPET TALUK
     KODAGU DISTRICT-571234.

7.   SRI.M.Y.RAVIKUMAR
     S/O M.R.YALAKKI GOWDA
     AGED ABOUT 34 YEARS,
     R/AT DODDATOGURU VILLAGE,
     KUSHALANAGAR HOBLI,
     SOMWARPET TALUK,
     KODAGU DISTRICT-571 234.
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                                         NC: 2023:KHC:36185
                                      RSA No. 1038 of 2021




8.   SRI.K.N.SURESH
     S/O LATE NAGARAJA SHETTY,
     AGED ABOUT 39 YEARS,
     R/AT 3RD BLOCK,
     BAPUJI LAYOUT,
     KUSHALNAGAR,
     SOMWARPET TALUK,
     KODAGU DISTRICT-571 234.

9.   CHIEF OFFICER,,
     TOWN MUNICIPAL COUNCIL,
     KUSHALNAGAR,
     SOMWARPET TALUK,
     KODAGU DISTRICT-571234.
                                            ...RESPONDENTS

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 14.10.2020 PASSED IN
R.A.NO.62/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
SOMWARPETE, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 23.08.2018 PASSED IN
O.S.NO.134/2010 ON THE FILE OF THE CIVIL JUDGE AND
JMFC, KUSHALNAGAR.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

The learned counsel for the appellants in the earlier

occasion sought time to bring the legal representatives of

deceased appellant on record i.e., on 01.09.2023 and once

again on 19.09.2023 also he sought for time to take the

steps but, not yet taken steps and this Court made it clear

that if the steps not taken, the appeal stands abated in the

NC: 2023:KHC:36185 RSA No. 1038 of 2021

next date of hearing. In spite of the said order, the

counsel for appellant has not taken any steps.

Hence, in view of the order dated 19.09.2023, the

appeal is dismissed as abated.

Sd/-

JUDGE RHS