Mahoommad Sab S/O Khaja Sab vs Daval Sab S/O Mulki Sab
2024 Latest Caselaw 19027 Kant

Karnataka High Court

Mahoommad Sab S/O Khaja Sab vs Daval Sab S/O Mulki Sab on 30 July, 2024

                                             -1-
                                                          NC: 2024:KHC-K:5448
                                                    RSA No. 200010 of 2017




                            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.200010 OF 2017
                                        (DEC/INJ)
                   BETWEEN:

                   MAHOOMMAD SAB S/O KHAJA SAB,
                   AGED ABOUT 60 YEARS,
                   OCC: AGRICULTURE,
                   R/O JALAHALLI, TQ. DEODURGA,
                   DIST. RAICHUR.

                                                                 ...APPELLANT

                   (APPELLANT IS SERVED THROUGH COURT NOTICE)

Digitally signed   AND:
by RENUKA
Location: HIGH     DAVAL SAB S/O MULKI SAB,
COURT OF           AGED ABOUT 70 YEARS,
KARNATAKA          OCC: AGRICULTURE,
                   R/O JALAHALLI, TQ. DEODURGA,
                   DIST. RAICHUR-584 111.

                                                               ...RESPONDENT
                   (BY SRI G. G. CHAGASHETTI, ADVOCATE)

                        THIS RSA IS FILED UNDER SECTION 100 OF CPC,
                   PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE
                   JUDGMENT AND DECREE DATED 26.10.2016 PASSED IN R.A.
                   NO.36/2016 OLD R.A. NO.92/2014 ON THE FILE OF THE
                   SENIOR CIVIL JUDGE AND JMFC AT DEODURGA, CONFIRMING
                               -2-
                                         NC: 2024:KHC-K:5448
                                    RSA No. 200010 of 2017




THE JUDGMENT AND DECREE DATED 19.11.2014 PASSED IN
O.S. NO.16/2010 ON THE FILE OF THE CIVIL JUDGE AT
DEODURG AND TO PASS ANY OTHER APPROPRIATE ORDERS.

    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)

It is submitted that the sole respondent died in the

year 2020.

The Court notice is issued to the appellant. The

appellant is served and there is no representation.

Since no steps are taken to substitute the legal

representatives of the deceased respondent for more than

three months, the appeal is dismissed as abated.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

LG