Sri Mohammed Ibrahim vs Sri S A Mujeep
2023 Latest Caselaw 7382 Kant

                                          -1-
                                                        NC: 2023:KHC:38393
                                                     RFA No. 559 of 2015




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 30TH DAY OF OCTOBER, 2023

                                        BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 559 OF 2015 (MON)
              BETWEEN:

              SRI. MOHAMMED IBRAHIM,
              S/O LATE ABDUL RAWOOF,
              AGED ABOUT 64 YEARS,
              R/AT NO.16,
              BATCHAMMAL ROAD,
              TUSKAN ELEGANT APARTMENTS,
              COX TOWN,
              BANGALORE - 560 005.
                                                              ...APPELLANT
              (BY SMT. BHARATHI PATIL, ADVOCATE FOR
                  SRI. KARISHMA NAGHNOOR AND
                  SRI. RAHUL CARIAPPA, ADVOCATES)

              AND:
Digitally
signed by R
MANJUNATHA
              SRI. S.A. MUJEEP,
Location:
HIGH COURT
OF
              AGED ABOUT 78 YEARS,
KARNATAKA     S/O LATE SYED AHMED,
              R/AT NO.37/6,
              CUNNINGHAM ROAD CROSS,
              AGARWAL LAYOUT,
              BANGALORE - 560 052.
                                                            ...RESPONDENT
              (BY SRI. M. NAGENDRASWAMY AND
                  SRI. S.A. MUJEEB, ADVOCATES FOR C/R)

                     THIS RFA IS FILED U/O XLI RULE 1 & 2 R/W SEC. 96 OF
              CPC,    AGAINST   THE   JUDGMENT    AND     DECREE    DATED
                             -2-
                                         NC: 2023:KHC:38393
                                       RFA No. 559 of 2015




16.01.2015 PASSED IN OS NO.2992/2008 ON THE FILE OF THE
XXXI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH
14), PARTLY DECREED THE SUIT FOR RECOVERY OF MONEY.

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

                         ORDER

It is submitted that the appellant, who is the

defendant, died about 2 years earlier and the exact date of

death is not known to learned counsel for the appellant. It

is also submitted that the respondent/plaintiff is also no

more.

2. No applications are filed to bring the legal

representatives of the deceased appellant/defendant or

the respondent/plaintiff. Accordingly, by operation of law,

the appeal stands dismissed as abated.

Sd/-

JUDGE

KTY

CT:SNN