Kamalakar S/O Dattararya Itgamapalli vs Abdul Hameed S/O Abdul Karimsab And Anr
2024 Latest Caselaw 19008 Kant

Karnataka High Court

Kamalakar S/O Dattararya Itgamapalli vs Abdul Hameed S/O Abdul Karimsab And Anr on 30 July, 2024

                                              -1-
                                                         NC: 2024:KHC-K:5447
                                                        RSA No. 7439 of 2013




                            IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                          DATED THIS THE 30TH DAY OF JULY, 2024

                                           BEFORE
                        THE HON'BLE MR. JUSTICE ANANT RAMANATH
                                           HEGDE
                        REGULAR SECOND APPEAL NO.7439 OF 2013
                                          (DEC/INJ)
                   BETWEEN:

                   KAMALAKAR S/O DATTATRYA ITGAMAPALLI,
                   AGE: MAJOR, OCC: BUSINESS,
                   R/O SANGAMESHWAR NILAYA,
                   ANAND NAGAR, STATION BAZAR,
                   GULBARGA-585 102.

                                                                 ...APPELLANT
                   (APPELLANT IS DEAD AS PER BAILIFF REPORT)

                   AND:
Digitally signed
by RENUKA          1.   ABDUL HAMEED
Location: HIGH          S/O ABDUL KARIMSAB,
COURT OF
KARNATAKA               AGE: 43 YEARS, OCC: BUSINESS,
                        R/O RAHEMATH NAGAR,
                        GULBARGA-585 103.
                   2.   YOUSUFUDDIN S/O MD. NIZAMUDDIN,
                        AGE: 45 YEARS, OCC: BUSINESS,
                        R/O RAHEMATH NAGAR,
                        GULBARGA-585 103.

                                                               ...RESPONDENTS

                   (SRI GANESH S. KALBURGI, ADVOCATE FOR R1)
                               -2-
                                         NC: 2024:KHC-K:5447
                                      RSA No. 7439 of 2013




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND DECREE DATED 12.09.2013 PASSED IN
R.A.NO.97/2012 BY THE IST ADDITIONAL SENIOR CIVIL JUDGE,
GULBARGA AND CONSEQUENTLY RESTORE THE JUDGMENT
AND DECREE IN O.S.NO.45/2008 DATED 30.07.2012 PASSED
BY THE III ADDITIONAL CIVIL JUDGE AND JMFC, GULBARGA
WITH COST THROUGHOUT.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH
       HEGDE


                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

The sole appellant is reported to be dead. The appeal

is of the year 2013. There is no representation. Hence, the

appeal is dismissed as abated.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

LG