Usaman Abdulkhadar Babarchi vs Khajesab @ Babu @ Khajamiya S/O Abdul ...
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Karnataka High Court

Usaman Abdulkhadar Babarchi vs Khajesab @ Babu @ Khajamiya S/O Abdul ... on 29 May, 2024

                                              -1-
                                                     NC: 2024:KHC-K:3370
                                                        RSA No. 7185 of 2012




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                            DATED THIS THE 29TH DAY OF MAY, 2024

                                            BEFORE

                          THE HON'BLE MRS JUSTICE K S HEMALEKHA

                          REGULAR SECOND APPEAL NO.7185 OF 2012

                                          (PAR& POS)

                   BETWEEN:

                   USAMAN ABDULKHADAR BABARCHI
                   AGE: 54 YEARS, OCC: DRIVER
                   R/O: TURKI GALLI, M.G. ROAD, BIJAPUR.

                                                                ...APPELLANT
                   (BY SRI FAIZUDDIN K. ZARDI, ADVOCATE)

                   AND:

                   1.   KHAJESAB @ BABU @ KHAJAMIYA
                        S/O ABDUL KHADAR BABARCHI,
                        AGE: 70 YEARS, OCC: RETD.
Digitally signed        R/O: TURKI GALLI, J.M. ROAD,
by SWETA
KULKARNI                BIJAPUR-586101.
Location: High
Court of           2.   ABDULRAZAK
Karnataka
                        S/O AHAMADSAB BABARCHI
                        AGE: 60 YEARS, OCC: TEACHER IN ANGIO URDU
                        HIGH SCHOOL, ARAWAD,
                        R/O: SHIROL, DIST. KOLHAPUR-416103.

                   3.   BASHIRAHAMAD
                        S/O ABDUL KHADAR BABARCHI
                        AGE: 52 YEARS, OCC: WELDER WORK
                        R/O:TURKI GALLI, J.M. ROAD, BIJAPUR-586101.
                                -2-
                                      NC: 2024:KHC-K:3370
                                           RSA No. 7185 of 2012




4.   MARIYAMABI
     W/O MOHAMMADSAB PATHAN
     AGE: 68 YEARS, OCC: HOUSEHOLD WORK
     R/O: PENDHARI GALLI, JAMAKHANDI-587301.

                                                 ...RESPONDENTS
(NOTICE TO R2, R3 AND R4-SERVED)

     THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED:25.02.2012,
PASSED BY THE III ADDL. DISTRICT JUDGE, BIJAPUR IN R.A.
NO.122 OF 2010, AND ALLOW THIS APPEAL.

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

                           JUDGMENT

Court notice issued to the appellant on 26.03.2024 has

returned with bailiff report that the sole appellant is reported to

be dead.

Hence, the appeal stands abated.

Sd/-

JUDGE

SWK

CT: VD