The regular first appeal was dismissed as abated by operation of law. The appellant, who was deceased, could not be represented by counsel despite best efforts.
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 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 974 OF 2008 (DEC)
BETWEEN:
MR. SYED ZIAULLA SHA, AGED ABOUT 48 YEARS, S/O MR.SYED JALEEL SHA, R/AT NO.87, YARABNAGAR, BSK II STAGE, BANGALORE - 560070.
…APPELLANT
(BY SRI.B.C.SEETHARAMA RAO, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
MR.SYED ABUDL AZEEZ OMERI, AGED ABOUT 57 YEARS, S/O LATE SYED ABDUR REHIM, REP. BY HIS P.A. HOLDER MRS.KHUTIJA BEGUM, W/O SYED ABDUL AZEEZ OMERI, AGED ABOUT 48 YEARS, R/AT NO.15, A.K.HOUSE, 14TH 'B' CROSS, KANAKAPURA ROAD, SARAKKI, JP NAGAR I PHASE, BANGALORE - 560 078.
…RESPONDENT
(BY SRI.R.B.SADASIVAPPA, ADVOCATE)
THIS RFA IS FILED U/S 96 R/W ORDER XLI RULE 1 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED
NC: 2023:KHC:43440 RFA No. 974 of 2008
14.07.2008 PASSED IN O.S.NO.4433/2006 ON THE FILE OF THE XXIV ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, CCH.NO.6, DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Case called out.
appellant is present through video conference. He submits
that despite his best efforts, he could not get the details of deceased sole appellant, who said to have died on 17.05.2019.
for the appellant, appeal stands dismissed as abated by operation of law.
KAV List No.: 1 Sl No.: 1
Sd/JUDGE
1 provisions across 1 enactments
MR. SYED ZIAULLA SHA
MR.SYED ABUDL AZEEZ OMERI
VSRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
