Allabhakshsab vs Smt Bibijan
2025 Latest Caselaw 7874 Kant

Karnataka High Court

Allabhakshsab vs Smt Bibijan on 29 August, 2025

                                                 -1-
                                                           NC: 2025:KHC-D:10944
                                                           RSA No. 633 of 2008


                       HC-KAR




                   IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                     DATED THIS THE 29TH DAY OF AUGUST, 2025
                                          BEFORE
                      THE HON'BLE MR. JUSTICE G BASAVARAJA
                   REGULAR SECOND APPEAL NO. 633 OF 2008 (RES)

                      BETWEEN:

                      ALLABHAKSHSAB
                      S/O. CHAMANSAB PINJAR @ ITAGI
                      AGED ABOUT 41 YEARS, OCC: BUSINESS,
                      R/O. MALEBENNUR AJADNAGAR, 3RD CROSS,
                      NEAR NANDIGUDI, MALEBENNUR,
                      HARIHAR TALUK, DIST. DAVANAGERE-577001.
                                                                     ...APPELLANT
                      (SOLE APPELLANT IS DEAD)

                      AND:

                      1.   SMT. BIBIJAN
                           W/O. JAMALASAB PINJAR @ ITAGI
                           AGED ABOUT 46 YEARS,
                           OCC. AGRICULTURE/HOUSEHOLD,
                           R/O. ITAGI,
Digitally signed
by MALLIKARJUN
RUDRAYYA
KALMATH
                           NOW AT MALEBENNUR,
Location: HIGH
COURT OF
KARNATAKA
                           HARIHAR TALUK,
DHARWAD
BENCH
Date: 2025.08.30
                           DIST. DAVANAGERE-577001.
12:04:44 +0530




                      2.   CHAMANSAB
                           S/O. JAMALASAB PINJAR @ ITAGI
                           AGED ABOUT 26 YEARS,
                           OCC. AGRICULTURE
                           R/O. ITAGI,
                           NOW AT MALEBENNUR,
                           HARIHAR TALUK, DIST. DAVANAGERE-577001.

                      3.   SMT. JUBEDABI
                           W/O. HUSAINMIYASAB PINJAR
                              -2-
                                          NC: 2025:KHC-D:10944
                                           RSA No. 633 of 2008


HC-KAR




     AGED ABOUT 28 YEARS,
     OCC. HOUSEHOLD WORK,
     R/O. KAREEMATTIHALLI,
     TQ. HAVERI-581110,
     DIST. DHARWAD-580001.

4.   SMT. PEERAMBI
     D/O. JAMALASAB PINJAR
     AGED ABOUT 24 YEARS,
     OCC. HOUSEHOLD WORK,
     R/O.ITAGI,
     NOW AT MALEBENNUR, HARIHAR TALUK,
     DIST. DAVANAGERE-577001.
                                                 ...RESPONDENTS
(BY SRI. N.P. VIVEKMEHTA ADVOCATE)

     THIS RSA FILED U/S. 100 OF CPC, PRAYING TO CALL FOR
THE RECORDS PRINCIPAL CIVIL JUDGE (JR. DIVN) JMFC,
RANEBENNUR IN O.S.NO.189/2002 AND SET ASIDE THE
JUDGMENT AND DECREE PASSED BY THE ADDL. CIVIL JUDGE
(SR. DIVN) IN R.A.NO.87/2006 DATED 08.01.2008, BY
ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND
EQUITY.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

                          ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)

Report received from the Principal District and

Sessions Judge, Davanagere. As per the said report, the

sole-appellant-Allabhakshsab S/o.Chamansab Pinjar @ Itagi

died on 22.06.2021. Death certificate in respect of same is

enclosed along with the report. Hence, appeal is abated.

NC: 2025:KHC-D:10944

HC-KAR

2. In view of disposal of appeal, pending I.As, if any

shall stand disposed of.

3. Send back the trial Court records to the concerned

Court.

Sd/-

(G BASAVARAJA) JUDGE

CKK Ct-cmu