Zahida Khathun vs Mehaboob Bi
2025 Latest Caselaw 5674 Kant

Karnataka High Court

Zahida Khathun vs Mehaboob Bi on 28 March, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                       -1-
                                                                    NC: 2025:KHC:13188
                                                                  RSA No. 2789 of 2011




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                  DATED THIS THE 28TH DAY OF MARCH, 2025
                                                    BEFORE
                                  THE HON'BLE MR JUSTICE RAVI V HOSMANI
                               REGULAR SECOND APPEAL NO. 2789 OF 2011 (PAR)
                          BETWEEN:

                                ZAHIDA KHATHUN W/O NAVAB JAN
                                AGED 44 YEARS
                                R/O.2ND CROSS, TANK MOHALLA,
                                SHIMOGA CITY - 577 201.
                                                                           ...APPELLANT
                          (BY SMT. RASHMI R, ADVOCATE FOR
                              SRI. RAGHU PRASAD B S, ADVOCATE)
                          AND:

                          1.    MEHABOOB BI W/O IBRAHIM KHAN
                                AGED 60 YEARS
                                R/O. 2ND CROSS, TANK MOHALLA
                                SHIMOGA CITY - 577 201.

                          2.    MAJEED KHAN S/O IBRAHIM KHAN
                                AGED ABOUT 45 YEARS
                                R/O. 3RD CROSS, GARDEN AREA,
                                SHIMOGA CITY - 577 201.

                          3.    SUFIYA KHATOON W/O SHAFIULLA
Digitally signed by
SREEDHARAN BANGALORE
SUSHMA LAKSHMI
                                AGED 41 YEARS
Location: High Court of
Karnataka
                                R/O. SULEBYLU 5TH CROSS
                                MATTUR ROAD, SHIMOGA - 577 201.
                                                                        ...RESPONDENTS
                          (BY SRI. B S PRASAD, ADVOCATE FOR R2; R3 SERVED)

                                THIS RSA IS FILED UNDER SEC.100 OF CPC., PRAYING TO SET
                          ASIDE THE JUDGMENT AND DECREE DATED 13.04.2007 PASSED BY
                          THE COURT OF THE PRINCIPAL CIVIL JUDGE(SR DN) & CJM AT
                          SHIMOGA IN O.S.NO.293/2007 DISMISSING THE SUIT AND ALSO
                          THE JUDGMENT AND DECREE DATED 04.06.2010 PASSED BY THE
                          ADDITIONAL DISTRICT JUDGE, AT SHIMOGA PASSED IN
                          R.A.21/2007.

                               THIS APPEAL, COMING ON FOR ORDERS,           THIS   DAY,
                          JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                -2-
                                             NC: 2025:KHC:13188
                                          RSA No. 2789 of 2011




CORAM:    HON'BLE MR JUSTICE RAVI V HOSMANI

                         ORAL JUDGMENT

Counsel for appellant has filed a memo dated 24.03.2025

which reads asunder:

"The counsel for the appellant submit that advocate from Shivamogga, who is also referring counsel of the above appeal has informed that the appellant has expired and she doe not have any legal heirs and also he has not received any reply to the letter sent to the address mentioned given at the time of filing the appeal."

In view of memo, appeal stands dismissed as abated.

Sd/-

(RAVI V HOSMANI) JUDGE

JS