Karnataka High Court
Babajan Hajaresab Andalagi vs Mr Abdulmunaf Ahmadsab Andalagi on 16 October, 2025
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NC: 2025:KHC-D:14082
RSA No. 2272 of 2007
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO. 2272 OF 2007 (DEC/INJ)
BETWEEN:
1. BABAJAN HAJARESAB ANDALAGI
S/O. LATE HAJARESAB ANDALAGI,
SINCE DECEASED BY HIS LRS.,
1A. FATIMA B.
W/O. NAZIRHAMMAD GOOLMI,
AGE: 40 YEARS, OCC. HOUSEWIFE,
R/O. SHABAZAR, NEAR CANARA BANK,
BANKAPUR, TQ. SHIGGAOV,
DISTRICT: HAVERI.
2. SMT. AMMAJAN
W/O. ABDULKHADAR GOOLMI,
MAJOR,R/O. BANKAPUR VILLAGE,
YASHAVANT TQ. SHIGGAOV, DISTRICT: HAVERI.
NARAYANKAR
...APPELLANTS
Digitally signed by
YASHAVANT (BY SRI. CHANDRASHEKAR R. HIREMATH, ADVOCATE)
NARAYANKAR
Date: 2025.10.18
10:51:28 +0530
AND:
1. MR. ABDULMUNAF AHMADSAB ANDALAGI
S/O. AHMAD ANDALAGI,
AGED ABOUT 68 YEARS,
R/O. THORUR VILLAGE,
SHIGGAON TALUK, DISTRICT: HAVERI.
2. MR. BASHUSAB AHMADSAB ANDALAGI
S/O. AHMADSAB ANDALAGI,
SINCE DECEASED BY HIS LRS.,
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NC: 2025:KHC-D:14082
RSA No. 2272 of 2007
HC-KAR
2A. MR. MIYAJAN BASHUSAB BUKKITAGAR
S/O. BASHUSAB,
AGE:40 YEARS, R/O. THORUR VILLAGE,
SHIGGAON TALUK, DISTRICT: HAVERI.
2B. MOHAMMADSAB BASHUSAB BUKKITAGAR
AGE: MAJOR, R/O. THORUR VILLAGE,
SHIGGAON TALUK, DISTRICT: HAVERI.
2C. MR. TAKIR
S/O. BASHUSAB BUKKITAGAR,
AGE: MAJOR, R/O. THORUR VILLAGE,
SHIGGAON TALUK, DISTRICT: HAVERI.
2D. JAFARSAB BASHUSAB BUKKITAGAR
AGE: MAJOR, R/O. THORUR VILLAGE,
SHIGGAON TALUK, DISTRICT: HAVERI.
2E. MRS. KHURESH
W/O. IMAMSAB BADIGER @ KALAKOTI
AGE: MAJOR, R/O. HASANABADI VILLAGE,
HANAGAL TALUK, DISTRICT: HAVERI.
2F. MRS. HAMEDU
W/O. NANNESAB KALAKOTI,
AGE: MAJOR, R/O. THORUR VILLAGE,
SHIGGAON TALUK, DISTRICT: HAVERI.
2G. MRS. BALKUSH
W/O. AMEERABASHA PATHAN,
R/O. AT GAJIPUR, HANAGAL TALUK,
DISTRICT: HAVERI.
2H. MRS. GULJAR
W/O. SHAFI BAMMIGATTI,
R/O. SAKEGAR, MALLAGATTI,
SHIGGAON TALUK,
DISTRICT: HAVERI.
2I MRS. SHAMEEN
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NC: 2025:KHC-D:14082
RSA No. 2272 of 2007
HC-KAR
W/O. MAHABOOB PATHAN,
R/O. GAJIPUR, HANAGAL TALUK,
DISTRICT: HAVERI.
2J. MRS. BASEERA
W/O. KHADARSAB DYAMANAKOPPA,
AGE: MAJOR, R/O. AT HOTANAHALLI,
SHIGGAON TALUK, DISTRICT: HAVERI.
3. MR. ABDULSATTAR AHMADSAB ANDALAGI
R/O. THORUR VILLAGE,
SHIGGAON TALUK, DISTRICT: HAVERI.
...RESPONDENTS
(BY SRI. S.T. PATIL AND
SRI. GANGADHAR S. HOSAKERI, ADVOCATE FOR
R2(A), R2(B), R2(D), R2(G) AND R3;
SRI. R.I. CHANNAPATTAN AND
SRI. S.G. HIREMATH, ADVOCATE FOR R1(A);
R2(F), R2(J)-NOTICE SERVED;
R2(C), R2(E), R2(H) AND R2(I)-NOTICE HELD SUFFICIENT)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGEMENT AND DECREE DATED 29.06.2007 PASSED IN
RA.NO.47/1998 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
HAVERI, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGEMENT AND DECREE DATED 08.10.1998 PASSED IN
OS.NO.47/1994 ON THE FILE OF THE CIVIL JUDGE (JR.DN.)
SHIGGAON, DECREEING THE SUIT FOR DECLARATION AND
INJUCNTION.
THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:14082
RSA No. 2272 of 2007
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Heard the learned counsel and perused the records.
2. It is noticed that respondent No.1 is the plaintiff
before the Trial Court. Respondent No.1 has died and the legal
heirs are not brought on record. The appeal as against
respondent No.1 has already abated as per order dated
04.03.2024 which reads as bellow:
"No representation on behalf of appellant.
Respondent No.1 died and accordingly appeal abates
in respect of respondent No.1 is concerned."
3. The Decree of the Trial Court as well as the First
Appellate Court was in favour of respondent No.1. The parties
being Mohammedans, any such right which has accrued in favour
of respondent No.1 is in his individual capacity. Therefore, in
view of death of respondent No.1, the entire appeal is abated. As
such the appeal is dismissed as abated.
SD/-
(C M JOSHI)
JUDGE
SSP
CT:PA
