A joint judgment under Section 96 CPC against a decree. The learned Judge observed that the respondent in one appeal died on 28.09.2018. The text records counsel submissions regarding abatement based on the death of respective parties but does not contain the final operative decision of the court.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
R.F.A. NO. 1396 OF 2014 C/W R.F.A. NO.217 OF 2014 (MON)
IN R.F.A. NO. 1396 OF 2014 BETWEEN:
Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA
(BY SRI.ARUN K.S., HCGP)
AND:
SRI T B KUNHI MAHIN HAJI S/O LATE MOIDEEN KUNHI, AGED 69 YEARS, PWD CONTRACTOR PADHOOR HOUSE, THEKKIL POST KASARAGOD, KERALA STATE HAVING CAMP OFFICE AT HASSAN SAW MILLS AND WOOD INDUSTRIES, GORUR ROAD, HASSAN-573201. …RESPONDENT
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 6.8.2013 PASSED IN O.S.253/2005 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, HASSAN, PARTLY DECREEING THE SUIT FOR ACCOUNTS AND RECOVERY OF MONEY.
IN R.F.A. NO.217 OF 2014
BETWEEN:
(BY SRI.K.S. BHEEMAIAH., ADV.)
AND:
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED
NC: 2023:KHC:22700-DB R.F.A. NO. 1396/2014 C/W R.F.A. NO. 217/2014
6.8.2013 PASSED IN O.S.253/2005 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, HASSAN, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, P.S.DINESH KUMAR, J . , DELIVERED THE FOLLOWING:
JUDGMENT
Shri K.S.Arun, learned HCGP submits that sole
respondent has passed away on 28.09.2018 as per the postal shara. Accordingly, R.F.A.No.1396/2014 is dismissed as abated.
Sd/JUDGE
Sd/JUDGE
KNM CT:HS List No.: 1 Sl No.: 6
1 issue framed by the court
Whether R.F.A. No.1396/2014 abates due to death of respondent on 28.09.2018.
1 provisions across 1 enactments
THE CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA
THE CHIEF ENGINEER HEMAVATHI PROJECT, GORUR
THE EXECUTIVE ENGINEER HEMAVATHI DAM DIVISION
SR.T.B KUNHI MAHIN HAJI
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
