Smt.Hanifabi W/O Gafarsab Banchar vs Mohammedgouse S/Oo Doddamaliksab ...
2024 Latest Caselaw 635 Kant

Karnataka High Court

Smt.Hanifabi W/O Gafarsab Banchar vs Mohammedgouse S/Oo Doddamaliksab ... on 8 January, 2024

                                          -1-
                                                   NC: 2024:KHC-D:340
                                                   RSA No. 100110 of 2019




                  IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                      DATED THIS THE 8TH DAY OF JANUARY, 2024

                                        BEFORE

                         THE HON'BLE MR JUSTICE R.NATARAJ

                  REGULAR SECOND APPEAL NO.100110/2019(DEC/INJ)

             BETWEEN:

             1.   SMT. HANIFABI
                  W/O. GAFARSAB BANCHAR,
                  AGE: 73 YEARS, OCC: HOUSEHOLD WORK,
                  R/O: PENDAR GALLI, HUBBALLI,
                  DIST: DHARWAD - 580 020.

             2.   KHADIR
                  S/O. GAFARSAB BANCHAR,
                  AGE: 52 YEARS, OCC: SERVICE,
                  R/O: ASSAR ONI, BEHIND ARAVIND
                  NAGAR, HUBBALLI,
                  DIST: DHARWAD - 580 020.

             3.   MEHABOOBALI
                  S/O. GAFARSAB BANCHAR,
                  AGE: 50 YEARS, OCC: MECHANIC,
                  R/O: ANAND NAGAR, HUBBALLI,
Digitally
signed by         DIST: DHARWAD.
ROHAN
HADIMANI T
             4.   RAHAMANI
                  S/O. GAFARSAB BANCHAR,
                  AGE: 46 YEARS,
                  OCC: PRIVATE SERVICE,
                  R/O: PENDAR GALLI, HUBBALLI,
                  DIST: DHARWAD - 580 020.
                                                             ...APPELLANTS
             (BY SRI J. S. SHETTY, ADVOCATE)

             AND:

             1.   MOHAMMEDGOUSE
                  S/O. DODDAMALIKSAB CHAUDHARY,
                  AGE: 60 YEARS,
                              -2-
                                     NC: 2024:KHC-D:340
                                     RSA No. 100110 of 2019




     OCC: PRIVATE WORK,
     R/O: JANNATNAGAR,
     OLD: HUBBALLI,
     DIST: DHARWAD - 580 020.

2.   DADUBAI
     S/O. DODDAMALIKSAB CHAUDHARY,
     AGE: 62 YEARS,
     OCC: BUSINESS,
     R/O: NEAR 1ST BUS STOP,
     SAVADATTI, DIST: BELAGAVI - 590 001.

3.   RIYAZAHMED
     S/O. DODDAMALISAB CHAUDHARY,
     AGE: 55 YEARS, OCC: PRIVATE WORK,
     R/O: JANNATNAGAR,
     OLD HUBBALLI - 580 020.

4.   MAQBOOL
     S/O. ABDULWAHAB CHAUDHERY,
     AGE: 40 YEARS,
     OCC: PRIVATE WORK,
     R/O: TORAVIHAKKAL,
     HUBBALLI - 580 020.

5.   SHAUKATALI
     S/O. ABDULKHADER MANIYAR,
     AGE: 49 YEARS,
     OCC: BUSINESS,
     R/O: MOMIN PLOT,
     KOULPETH, HUBBALLI - 580 020.
                                              ...RESPONDENTS
(BY SRI D.L. LADKHAN, ADVOCATE FOR R1, R3 AND R5;
APPEAL AGAINST R2 IS DISMISSED AS ABATED)

      THIS RSA IS FILED UNDER SECTION 100 OF CIVIL
PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED
14.12.2018 PASSED IN R.A.NO.22/2014 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING
AT HUBBALLI, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 18.12.2013, PASSED IN
O.S.NO.371/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE, HUBBALLI, DISMISSING THE SUIT FILED FOR DECLARATION
AND PERMANENT INJUNCTION.
                                  -3-
                                             NC: 2024:KHC-D:340
                                             RSA No. 100110 of 2019




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

                               ORDER

The respondent No.2 is reported to be dead and no

application is filed to bring his legal representatives.

It is seen that the suit from which the present appeal

arises was filed for declaration that the plaintiffs have perfected

their right by adverse possession. The respondent No.2 was

the defendant No.2 in the said suit. Since the appeal is abated

against the respondent No.2, the entire appeal abates.

Consequently the appeal stands disposed off as having abated.

SD/-

JUDGE

PMP

CT-ASC