Shri K Saifuddin S/O Hussain Sab vs K Muneer Ahmed S/O Hussain Sab
2024 Latest Caselaw 11742 Kant

Karnataka High Court

Shri K Saifuddin S/O Hussain Sab vs K Muneer Ahmed S/O Hussain Sab on 28 May, 2024

                                                   -1-
                                                         NC: 2024:KHC-D:7044
                                                                RSA No. 5038 of 2009




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                 DATED THIS THE 28TH DAY OF MAY, 2024
                                                BEFORE
                                 THE HON'BLE MR JUSTICE C.M. POONACHA
                             REGULAR SECOND APPEAL NO. 5038 OF 2009 (INJ-)
                      BETWEEN:
                      1.   SHRI. K. SAIFUDDIN S/O HUSSAIN SAB
                           AGE: 60 YEARS

                      2.   SHRI K. MABU SAB S/O HUSSAIN SAB
                           AGE: 60 YEARS,

                           APPELLANT 1 AND 2 ARE AGRICULTURISTS,
                           R/O RAMASAGAR, TQ: HOSPET,
                           DIST: BELLARY-582201.
                                                                        ...APPELLANTS
                      (BY SRI. N P VIVEK MEHTA., ADVOCATE)

                      AND:
                      1.   K. MUNEER AHMED S/O HUSSAIN SAB
                           AGE: MAJOR, OCC: AGRICULTURE,

                      2.   SMT. K. SHAMEEM BHANU
                           W/O K. MUNEER AHMED,
                           AGE: MAJOR, RESPONDENT NO.1 AND 2 ARE
Digitally signed by        R/O NEAR JANIYA MASZID ROAD,
SHIVAKUMAR                 BEHIND RAMA TALKIES, TQ: HOSPET,
HIREMATH
                           DIST: BELLARY-582201.
Location: HIGH
COURT OF
KARNATAKA             3.   H. ABHIJITH S/O H. MALLIKARJUN GOWDA,
DHARWAD BENCH              MINOR REPRESENTED BY GUARDIAN FATHER,
DHARWAD
                           H. MALLIKARJUN GOUDA R/O RAMASAGAR VILLAGE,
                           TQ: HOSPET, DIST: BELLARY-582201
                                                                  ...RESPONDENTS
                      (BY R1,R2 NOTICE DISPENSED WITH
                      SRI. K.RAGHAVENDRA RAO V. VIDYA, ADVOCATE FOR C/R-3)

                            REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF
                      CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE OF
                      PRINCIPAL CIVIL JUDGE (SR.DN.) AND JMFC, HOSPET, DATED
                      22.09.2008 PASSED IN R.A.NO.72/2007 AND RESTORE THE
                      JUDGMENT AND DECREE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.)
                      AND JMFC HOSPET DATED 04.08.2007 BY ALLOWING THE APPEAL.
                               -2-
                                    NC: 2024:KHC-D:7044
                                         RSA No. 5038 of 2009




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


                            ORDER

Learned counsel for the appellants has filed a memo

dated 27.11.2023, placing on record that, he has issued a

communication dated 23.11.2023 to the appellants. A copy of

the said communication is annexed along with the memo.

Learned counsel for the appellants further submits that,

the postal cover of the said communication has been returned

with an endorsement dated 30.11.2023 as 'deceased'. The

returned postal cover is filed today along with a memo and the

same is taken on record.

The legal representatives of the deceased appellants have

not been brought on record within the stipulated time.

In view of the above mentioned, the above appeal is

dismissed as having abated.

Sd/-

JUDGE PJ CT: GSM