Jainabhi vs Beeraiah
2024 Latest Caselaw 25795 Kant

Karnataka High Court

Jainabhi vs Beeraiah on 30 October, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                  -1-
                                                                NC: 2024:KHC:43780
                                                          RSA No. 1256 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 30TH DAY OF OCTOBER, 2024
                                                 BEFORE
                           THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO.1256 OF 2014 (DEC)
                   BETWEEN:
                         JAINABHI,
                         W/O LATE ABDUL SUKURSAB,
                         SINCE DEAD BY LRS
                         APPELLANTS 4, 5, 7, 8 AND 9

                         ABDUL VAHID,
                         S/O LATE ABDUL SUKURSAB,
                         SINCE DEAD BY LRS
                         APPELLANT NO.1.

                         ABDUL SARADAR,
                         S/O LATE ABDUL SUKURASAB,
                         SINCE DEAD BY LRS

                   1.    MASTER MANZAR,
                         AGED ABOUT 16 YEARS,
                   2.    MASTERE SHAHID,
                         AGED ABOUT 14 YEARS,

                         BOTH ARE S/O ABDUL SARDAR AND MINORS
Digitally signed         REP. BY THEIR PATERNAL UNCLE
by ANUSHA V              ABDUL ASKAR @ ABDUL MUNEER,
Location: High           7TH APPELLANT
Court Of
Karnataka          3.    PATHIMABHI @ ASHA,
                         D/O LATE ABDUL SUKURSAB, MAJOR

                   4.    ASMATH @ SAHARAMBHI,
                         D/O ABDUL SUKUR SAB, MAJOR

                         ABADUL SALEEM,
                         S/O ABDUL SUKURSAB,
                         SINCE DEAD BY LR 7TH APPELLANT

                         GHOUSE
                         S/O ABUDUL SUKURSAB,
                         SINCE DEAD BY LR 7(a)
                                -2-
                                             NC: 2024:KHC:43780
                                           RSA No. 1256 of 2014




5.   ASHNUBI
     MINOR REP. BY HER
     GUARDIAN PATERNAL UNCLE
     ABDUL ASKAR @ ABUDL MUNEER
     (APPELLANT NO.7)

6.   ABDUL RABAN,
     S/O ABBUL SUKUR SAB,
     MAJOR,

7.   ABDUL ASKAR @ ABDUL MUNEER,
     S/O ABDUL SUKUR SAB,
     MAJOR

     APPELLANT NO.1 TO 7 ARE ALL
     R/A BANAVARA TOWN, ARSIKERE TALUK,
     HASSAN DISTRICT - 573 112.

                                                  ...APPELLANTS
[BY SRI LOKESH KUMAR K.S., ADVOCATE (NOC GIVEN FOR
    APPELLANT NO.6)
    SRI B.R. SURESH, ADVOCATE (NOC VK FILED)]
AND:
1.   BEERAIAH,
     S/O YALAGI MALLANAIKA @ MALLINAIKA,
     R/O BANAVARA TOWN,
     ARSIKERE TALUK, SINCE DEAD
     REP BY HIS LR's
     RAMAKRISHANAIAH, MAJOR,
     R/O KOTE, BANAVARA TOWN,
     ARSIKERE TALUK - 573 112.

2.   KAMARAUNNISA,
     D/O ABDUL SUKURSAB,
     AGED ABOUT 72 YEARS,
     R/O HALLEBEEDU VILLAGE,
     BELUR TALUK - 573 112.

                                                ...RESPONDENTS
(BY SRI PADUBIDRI R. MOHAN RAO, ADVOCATE FOR C/R1)
     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 19.02.2004 PASSED IN
R.A.NO.62/1988 ON THE FILE OF CIVIL JUDGE(SR.DN) AND ADDL.
CJM, ARASIKERE, ALLOWING AND SETTING ASIDE THE JUDGMENT
                                 -3-
                                                  NC: 2024:KHC:43780
                                                RSA No. 1256 of 2014




AND DECREE DATED 07.10.1988 PASSED IN O.S.NO.121/1997 ON
THE FILE OF PRESIDING OFFICER, CIVIL JUDGE(JR.DN), ARASIKERE.

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

CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI


                        ORAL JUDGMENT

Matter is listed for further orders regarding non-taking

steps for deceased respondent no.1, who is representing

plaintiff in this appeal filed by defendants.

It is seen that as per memo dated 30.01.2019, death of

respondent no.1 was noted in order sheet. Since steps are not

taken till today, appeal would abate against respondent no.1.

Consequently, entire appeal is dismissed as abated.

Sd/-

(RAVI V HOSMANI) JUDGE

GRD