Abdul Kareem vs Smt Mahadevi
2024 Latest Caselaw 4261 Kant

Karnataka High Court

Abdul Kareem vs Smt Mahadevi on 12 February, 2024

                                          -1-
                                                 NC: 2024:KHC-D:3130
                                                       RSA No. 1293 of 2008




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                       BEFORE

                         THE HON'BLE MR JUSTICE R.NATARAJ

                  REGULAR SECOND APPEAL NO.1293/2008(PAR)
            BETWEEN:

            ABDUL KAREEM S/O. RASUL SAB,
            TILAWALLI, AGE: 58 YEARS, OCC: BUSINESS,
            R/AT: OLD HUBBALLI, HUBBALLI - 580 020.


                                                             -    APPELLANT
            (BY SRI V. M. SHEELVANT, ADVOCATE)

            AND:

            1.   SMT. MAHADEVI W/O. BASANAGOUDA PATIL,
                 AGE: 46 YEARS, OCC:HOUSE HOLD WORK,
                 SADASHIVA NAGAR, OLD HUBBALLI,
                 HUBBALLI - 580 020.

            2.   SHRI MANJUNALTH BASANAGOUDA PATIL,
                 AGED: 20 YEARS, OCC: PRIVATE SERVICE,
                 R/O: SADASHIVA NAGAR, OLD HUBBALLI,
                 HUBBALLI - 580 020.
Digitally
signed by   3.   SHRI VIJAYAKUMAR BASANAGOUDA PATIL,
ROHAN            AGED: 24 YEARS, R/O: SADASHIVA NAGAR,
HADIMANI
T                OLD HUBBALLI, HUBBALLI - 580 020.

            4.   SHRI SANTHOSH BASANAGOUDA PATIL,
                 AGED: 22 YEARS, R/O: SADASHIVA NAGAR,
                 OLD HUBBALLI, HUBBALLI - 580 020.

            5.   CHINNAWWA CALLING HERWSELF SMT. CHINNAWWA,
                 W/O. SHIVANAGOUDA PATIL, AGE: 79 YEARS,
                 OCC: HOUSE HOLD WORK, R/O: BUDARASHINGI,
                 TQ: HUBBALLI - 580 020.
                                                        -  RESPONDENTS
            (BY SRI SANTOSH NARAGUND, ADVOCATE FOR R1 TO R4;
            NOTICE TO R5 IS SERVED)
                                -2-
                                     NC: 2024:KHC-D:3130
                                          RSA No. 1293 of 2008




      THIS REGULAR SECOND APPEAL IS FILELD UNDER SECTION 100
OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.02.2008
PASSED IN R.A. NO. 6/2005 ON THE FILE OF THE II ADDL. CIVIL JUDGE
(SR. DN.) HUBBALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 18.12.2004 PASSED IN O.S. NO.
209/1999 ON THE FILE OF THE I ADDL.CIVIL JUDGE (JR.DN.) HUBBALLI
AND ETC.,

     THIS REGULAR SECOND APPEAL, COMING ON            FOR FINAL
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The learned counsel for the appellant submits that the

appellant has expired and that the legal heirs have not

approached him to prosecute the appeal. He also submits that

he has instructions that the parties have settled the dispute.

In view of the above, the appeal stands disposed off as

having abated.

SD/-

JUDGE

BVV

CT-ASC