Beeu @ Babo W/O Late Saheb Hussain Anr vs Moin Pasha S/O Late Abdul Kareem Sab Ors
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Karnataka High Court

Beeu @ Babo W/O Late Saheb Hussain Anr vs Moin Pasha S/O Late Abdul Kareem Sab Ors on 26 February, 2024

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                                                    NC: 2024:KHC-K:1749
                                                       RSA No. 7145 of 2011




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                        DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                           BEFORE

                           THE HON'BLE MR. JUSTICE G BASAVARAJA

                   REGULAR SECOND APPEAL NO. 7145 OF 2011 (DEC/INJ)


                   BETWEEN:

                   1.   BEEU @ BABO
                        W/O LATE SAHEB HUSSAIN,
                        CASTE MUSLIM, AGE: 71 YEARS,
                        OCC: HOUSE HOLD,
                        R/O. LALWADI, BIDAR.

                   2.   SULEMAN S/O LATE SAHEB HUSSAIN,
                        CASTE MUSLIM, AGE: 46 YEARS,
                        OCC: BUSINESS, R/O. LALWADI, BIDAR.

                                                              ...APPELLANTS
Digitally signed
by RAMESH          (APPELLANTS REPORTED TO BE DEAD)
MATHAPATI
Location: High     AND:
Court of
Karnataka

                   1.   MOIN PASHA
                        S/O LATE ABDUL KAREEM SAB
                        CASTE MUSLIM, AGE: 51 YEARS,
                        OCC: BUSINESS,
                        R/O. MUSTAIDPURA, BIDAR.

                   2.   PASHAMIYAN S/O LATE SAHEB HUSSAIN
                        CASTE MUSLIM, AGE: 49 YEARS,
                        OCC: PETTY BUSINESS,
                        REST AS ABOVE;
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                                NC: 2024:KHC-K:1749
                                     RSA No. 7145 of 2011




3.   MURTUZA S/O LATE SAHEB HUSSAIN
     SINCE EXPIRED BY LR'S

a)   SMT.BEENA BEE W/O LATE MURTUZA,
     AGE: 43 YEARS, OCC: HOUSE HOLD,
     REST AS ABOVE;

b)   MD. VAZEER S/O LATE MURTUZA
     AGE: 27 YEARS, OCC: BUSINESS
     R/O. AS ABOVE;

c)   ZUBEDA BEE D/O LATE MURTUZA
     AGE: 23 YEARS, OCC: HOUSEHOLD
     R/O. AS ABOVE;

d)   MD. SALEEM S/O LATE MURTUZA
     AGE: 23 YEARS, OCC:BUSINESS
     REST AS ABOVE;

4.   PASHA BEE W/O LATE SAHEB HUSSAIN
     CASTE MUSLIM, AGE: 46 YEARS,
     R/O. LALWADI, BIDAR.

5.   RABIA BEE D/O LATE SAHEB HUSSAIN
     CASTE MUSLIM, AGE: 46 YEARS,
     R/O. LALWADIBIDAR.

6.   ABDUL RAHEEM QUAREISHI
     S/O LATE SHAIK MAHBOOB QUARAISHI
     CASTE MUSLIM, AGE: 61 YEARS,
     OCC: BUSINESS,
     R/O. MUSTAIDPURA, BIDAR.

                                           ...RESPONDENTS

(BY SRI. R. S. SIDHAPURKAR FOR C/R1;
SINCE R2 DECEASED
SRI. SANJEEVKUMAR C. PATIL ADV. FOR R6;
NOTICE TO R4 AND R5 ARE HELD SUFFICIENT)
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                                   NC: 2024:KHC-K:1749
                                       RSA No. 7145 of 2011




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO THE SECOND APPEAL MAY KINDLY BE ALLOWED
BY SETTING ASIDE THE JUDGMENT AND DECREE DATED
28.02.2011 PASSED IN R.A. NO. 176/2010 CONSEQUENTLY
RESTORES THE JUDGMENT AND DECREE DATED: 26.08.2009
PASSED IN O.S.NO. 135/2006 BY THE CIVIL JUDGE (JR.DN.),
BIDAR.

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

                         JUDGMENT

It is observed from the letter dated 05.02.2022 by

the Principal District and Sessions Court that both the

appellant Nos.1 and 2 are dead with bailiff report and copy

of death certificates are also enclosed in this regard.

2. In view of death of appellants, the appeal is

abated.

Sd/-

JUDGE

MSR