K M Aliyulla Khan, Since Presumed Dead by LRs Smt. Yasmiin Ali Khan v. R Sarvesha Murthy

Karnataka HC21 Jul 2022RP/392/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a review petition under Order XLVII Rule 1(1) of the CPC. The court rejected the argument that lack of knowledge regarding the deceased appellant's whereabouts since 2014 warrants a presumption of death for review purposes.

What did the court decide?

Review petition is rejected. Judgment dated 28.01.2022 remains unreviewed.

K M Aliyulla Khan, Since Presumed Dead by LRs… — Succession and Inheritance | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JULY, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

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R.P.No.392/2022

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BETWEEN:

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1 . K.M.ALIYULLA KHAN, SINCE PRESUMED DEAD BY LRs

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SMT. YASMIIN ALI KHAN AGED ABOUT 54 YEARS, W/O KHURRAM AAZUDDIN, D/O K.M.ALIYULLA KHAN, R/O DOOR NO 3, 7^TH CROSS ABDUL RAHIMAN ROAD, OPP. STONE PARK, UDAYAGIRI MYSURU -570 019

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2 . HIDAYATH ALI KHAN AGED ABOUT 53 YEARS, S/O K.M.ALIYULLA KHAN, R/O HURA ROAD, NANJANGUD TOWN MYSORE DISTRICT- 571 301

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3 . SADATH ALI KHAN

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AGED ABOUT 51 YEARS, S/O K.M.ALIYULLA KHAN, R/O HURA ROAD, NANJANGUD TOWN MYSORE DISTRICT- 571 301

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… PETITIONERS

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(BY SRI M.T.NANAIAH, SR. COUNSEL FOR SRI.BALASUBRAMANYA, ADV.)

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AND:

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R.SARVESHA MURTHY

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S/O.M.S.REVANNA MURTHY AGED ABOUT 48 YEARS MAMBALLY VILLAGE & POST NANJANGUD TALUK-571 301

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M.S.REVANNA DEVARU S/O.LATE SHIVA BASAVA DEVARU SINCE DEAD BY LRS. VISHALAKSHAMMANI SINCE DEAD BY LRS R-2(a) R-2(b) ALREADY ON RECORD

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2(a) SHIVABASAVASWAMY AGED 60 YEARS

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2(b) R.CHIKKANNA SWAMY AGED 52 YEARS

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2(c) R.SUNDARESHA MURTHY AGED 49 YEARS

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2(d) R.SARVESHA MURTHY AGED 48 YEARS

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2(e) R.NAGARAJA MURTHY AGED 43 YEARS

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2(f) R.SHASHIDHAR KUMAR AGED 41 YEARS

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2(g) R.SUMITRA AGED 47 YEARS W/O.M.S.PALAK SHE MURTHY

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2(h) ANNAPURNA

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AGED 55 YEARS W/O.B.N.PRABHAKARA SHARMA

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2(i) MALLIKA

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AGED 46 YEARS

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2(j) MENAKA

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AGED 44 YEARS

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R2(a) TO 2(j) ARE CHILDREN OF

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LATE RESPONDENT NO.2

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AND ARE ALL RESIDENTS OF MAMBALLY, YELANDUR TALUK CHAMARAJANAGAR DISTRICT-560 019

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G.N.AZEESULLA S/O.SABJAN SAB SINCE DEAD BY LRS.

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3(a) SAGIR AHMED AGED 55 YEARS S/O.AZEEZULLA

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3(b) JAVED AHMED

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SINCE DECEASED BY LRS

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3(b) (a) MRS.MASUDA BEGUM

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AGED 55 YEARS

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3(b) (b) NOOR MOHD ALI AGED 27 YEARS S/O JAVED AHMED

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R-3(a) TO 3(b)(c) ARE ALL RESIDENTS OF

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CITIZEN ENGLISH SCHOOL BUILDING KHB COLONY, NANJANGUD

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MYSORE DISTRICT-571 301

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… RESPONDENTS

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THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 (1) OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO REVIEW THE JUDGMENT OF THIS HON’BLE COURT DATED: 28.01.2022 IN RSA NO.2476/2008 (DEC/INJ)

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PRODUCED VIDE ANNEXURE-A AND RECALL THE SAME AND RESTORE THE APPEAL TO ITS ORIGINAL RECORD FOR REHEARING AND ETC.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the review petitioner.

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I find no grounds to review the judgment dated 28.01.2022 on the basis of in argument that the whereabouts of the appellant were not known since 2014 and hence, a presumption ought to have been drawn that he was dead and his legal representatives ought to have been permitted to prosecute the appeal. Review Petition is, therefore,

rejected .

SD/JUDGE

PKS

CT:AN

K M Aliyulla Khan, Since Presumed Dead by LRs Smt. Yasmiin Ali Khan v. R Sarvesha Murthy

Case brief

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K M Aliyulla Khan, Since Presumed Dead by LRs Smt. Yasmiin Ali Khan v. R Sarvesha Murthy

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