The appellate court dismissed the revision seeking to challenge a possession decree. The court accepted the appellants' submission that they did not press the appeal because the respondents had already taken possession of the suit schedule property.
The appeal was dismissed. No costs awarded to either party.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13th DAY OF JUNE, 2013
BEFORE
THE HON'BLE MR. JUSTICE S.ABDUL NAZEER
R.S.A.No.689 OF 2012 (POSSN)
BETWEEN:
K. ABUBACKER SINCE DEAD BY LRS
Nos.1(a) TO 1(c) ARE R/O RAFIA MANZIL KARYA VILLAGE BELTHANGADY 574215
1(e) RUKYA W/O LATE KUNHI MOHAMMED MOULAVI D/O LATE ABUBACKER AGED 48 YEARS KARIAHIL HOUSE, POST O.K MURI MALLAPURAM DISTRICT, KERALA 679586
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1(k) SMT ASIAMMA W/O SAHUL HAMEED D/O LATE ABUBACKER AGED 35 YEARS R/O INDRABETTU HOUSE, POST BANDARU BELTHANGADY TALUK 575020 … APPELLANTS
(By Sri. KALEEMULLAH SHARIFF, ADV.)
AND:
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1(g) SUKHALATHA D/O LATE M CHANDAYYA AGED 57 YEARS 1(h) PUSHPALATHA D/O LATE M CHANDAYYA AGED 56 YEARS 1(i) SHASHIKALA D/O LATE M CHANDAYYA AGED 55 YEARS ALL ARE R/O UPPINANAGADY KASABA VILLAGE, PUTTUR TALUK, D.K. DIST POST UPPINANANDAGY 574241 ...RESPONDENTS
(By Sri. K CHANDRANATH ARIGA, ADV.)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 7.12.2011 PASSED IN R.A.NO.21/2003 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., PUTTUR, D.K., DISMISSING THE APPEAL AND
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CONFIRMING THE JUDGEMENT AND DECREE DTD 19.10.2002 PASSED IN OS.NO.203/1992 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.), PUTTUR, D.K.
THIS RSA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
In view of the respondents/plaintiffs taking possession of the suit schedule property in Ex.No.10/12 on the file of the Prl. Civil Judge & JMFC, Puttur, D.K., learned counsel for the appellants does not press this appeal.
Sd/JUDGE
KLY/
1 issue framed by the court
Whether the appeal needs adjudication given the respondents have taken possession of the schedule property.
1 provisions across 1 enactments
K. ABUBACKER SINCE DEAD BY LRS...
M CHANDAYYA SINCE DEAD BY LRS...
S. ABDUL NAZEER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
