Alam Khan S/O Jafer Khansab And Anr vs Smt. Murgewwa W/O Prabhurao Gandigudi
2024 Latest Caselaw 12259 Kant

Karnataka High Court

Alam Khan S/O Jafer Khansab And Anr vs Smt. Murgewwa W/O Prabhurao Gandigudi on 3 June, 2024

                                             -1-
                                                    NC: 2024:KHC-K:3519
                                                        RSA No. 7329 of 2012




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                            DATED THIS THE 3RD DAY OF JUNE, 2024

                                           BEFORE

                          THE HON'BLE Mrs JUSTICE K S HEMALEKHA

                    REGULAR SECOND APPEAL NO. 7329 OF 2012 (REC. OF
                                        POS)

                   BETWEEN:

                   1.   ALAM KHAN S/O JAFER KHANSAB
                        AGE: 42 YEARS, OCC: BUSINESS,
                        R/O: SHOP NO.6-821, NAYA MOHALLA,
                        GUBLARGA.

                   2.   JAFER KHAN S/O KAREEM KHAN,
                        AGE: MAJOR, OCC: BUSINESS,
                        R/O: SHOP NO.6-822 AND 6-823,
                        ARYAN NAGAR, HUMNABAD BASE,
                        GULBARGA.

                                                               ...APPELLANTS
                   (APPELLANTS ARE DIED)
Digitally signed
by SWETA
KULKARNI           AND:
Location: High
Court of
Karnataka          SMT MURGEWWA
                   W/O PRABHURAO GANDIGUDI
                   AGE: MAJOR, OCC: HOUSEHOLD,
                   R/O: 9-439, SHAHABAZAR,
                   NEAR LAL HANUMAN TEMPLE,
                   GUBLARGA, THROUGH SPA HOLDER,
                   MURGEPPA S/O RUDRAPPA GUGAWAD,
                   AGE: 77 YEARS, OCC: AGRICULTURE,
                   R/O: GULBARGA-585103.

                                                              ...RESPONDENT
                                 -2-
                                       NC: 2024:KHC-K:3519
                                             RSA No. 7329 of 2012




     THIS RSA IS FILED U/S. 100 OF THE CPC, PRAYING TO
ALLOW THE REGULAR SECOND APPEAL AND SET ASIDE THE
JUDGMENT AND DECREE DATED: 01.09.2009 PASSED BY THE
LEARNED III ADDL. CIVIL JUDGE (JR.DN.) AND JMFC AT
GULBARGA IN O.S.NO.325/2007 AND ALSO THE JUDGMENT
AND DECREE DATED 05.07.2012 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE AT GULBARGA IN R.A.NO.128/2009.

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

                           JUDGMENT

The counsel appearing for the proposed legal

representatives of appellant No.2 expired. Court notice was

issued to proposed legal representatives of appellant No.2.

Bailiff report has been received stating that appellant Nos.2(a)

to 2(d) are not residing in the given address. The notice has

not been served upon the proposed legal representatives of

appellant No.2. Bailiff report in respect of appellant No.1 has

been received stating that appellant No.1 is reported to be

dead.

Hence, the appeal stands abated.

Sd/-

JUDGE

SWK

CT: VD