This regular first appeal against a possession suit was dismissed as abated because no steps were taken by the appellants following the demise of the sole respondent, despite a two-week extension granted by the court.
Appeal dismissed as abated in view of the demise of the respondent and lack of steps taken by the appellants.
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 31ST DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 603 OF 2015 (POS)
BETWEEN:
…APPELLANTS
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
(BY SRI. RAMAKRISHNA M.,ADVOCATE FOR
APPELLANT NO.2 & 3:
SRI. NAVEED AHMED, ADVOCATE FOR A1: LR’S OT APPELLANT NO.1))
AND:
SRI ABDUL RAWOOF S/O ABDUL KHUDDUS AGED ABOUT 60 YEARS R/AT NO.102, THIMMAIAH ROAD SHIVAJINAGAR, BANGALORE 560051.
…RESPONDENT
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED: 29.1.2015
RFA No. 603 of 2015
PASSED IN O.S.NO.3389/2003 ON THE FILE OF XIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DECREEING THE SUIT FOR POSSESSION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court by order dated 11.07.2022 on the
submission of learned counsel for the respondent, has noted the demise of sole respondent Sri Abdul Rawoof and granted two weeks time to take steps in respect of deceased respondent.
So far, no steps have been taken in respect of deceased respondent. Hence, the above appeal is
dismissed as abated.
Sd/JUDGE
HA
List No.: 1 Sl No.: 20
SRI VIDUTHALALI VEERAN
SMT SHANTHA
W. NALINI
SRI ABDUL RAWOOF
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
