Regular First Appeal filed by a deceased appellant against a decree for partition and separate possession. The court noted the appellant died and her legal representatives were respondents. Without an application to transposing them as appellants, the appeal was dismissed.
The appeal stands dismissed.
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 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 993 OF 2015 (PAR)
BETWEEN:
SMT. MAQBOOL JAN @ JAINAB, W/O LATE MOHAMMED KASIM, AGED ABOUT 77 YEARS, RESIDENT OF 4TH CROSS, CHIKKANNA LAYOUT, 2ND FLOOR, THANISANDRA, BANGALORE - 77.
…APPELLANT
(BY SRI. JAGANATH K.M., ADVOCATE)
AND:
NC: 2023:KHC:38392 RFA No. 993 of 2015
NC: 2023:KHC:38392 RFA No. 993 of 2015
…RESPONDENTS
(BY SRI. C. PATTABI RAMAN, ADVOCATE FOR R1 TO R3; R4 TO R7 - SERVED, R8 - DIED)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.12.2013 PASSED IN O.S.NO.3051/2009 ON THE FILE OF THE XXXVIII ADDL.CITY CIVIL SESSIONS JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri. Jagannath K.M., learned counsel for the appellant submits that the appellant is no more and she died about two years earlier and her legal representatives are already on record as respondent Nos.4 to 7.
representatives of the deceased appellant are respondent Nos.4 to 7, in the absence of any application to transpose themselves as appellants in this matter, the appeal stands dismissed .
rights in the intended final decree proceedings.
Sd/JUDGE
KTY List No.: 1 Sl No.: 23 CT:SNN
1 issue framed by the court
Whether the appeal can be pursued when the legal representatives of the deceased appellant are on record as respondents instead of being transposed as appellants.
1 provisions across 1 enactments
Smt. Maqbool Jan @ Jainab
Smt. Khamrunnisa
Smt. K. Mehrunissa
Smt. Razia Bee
Sri. Mohammed Yousuff
Sri. Mohammed Ismail
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
