Miscellaneous first appeal against an interlocutory order allowing an application under Order 39 Rule 4 CPC was dismissed as abated: the sole appellant had died, no legal representative steps were taken, and the appeal could not survive.
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NC: 2024:KHC:26948 MFA No. 565 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 565 OF 2024 (CPC)
BETWEEN:
MRS. FARHATH TASNEEM, W/O LATE SYED AZMATHULLA, AGED ABOUT 63 YEARS, RESIDING AT NO.51/1, AND 51/2, 2ND FLOOR, KENCHAPPA ROAD, FRAZER TOWN, BANGALORE – 560 005.
…APPELLANT
(BY SRI. VENKATARAMA REDDY V., ADVOCATE (ABSENT))
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
MR. SYED SAIFULLA, S/O LATE SYED FAZULLA, AGED ABOUT 65 YEARS, RESIDING AT NO.42, 3RD CROSS, LAZER ROAD, FRAZER TOWN, BANGALORE – 560 075.
…RESPONDENT
(BY SRI IRSHAD AHMED K., ADVOCATE FOR C/R)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 09.11.2023 PASSED ON I.A. NO.
NC: 2024:KHC:26948 MFA No. 565 of 2024
2 IN O.S.NO.26403/2023 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU (CCH-22), ALLOWING THE I.A. NO.2 FILED UNDER ORDER 39 RULE 4 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Matter is listed for non-compliance of office objections for 4th time. None appears for appellant. It is also seen that sole appellant has died. Till date, steps are not taken.
Hence, appeal would not survive for consideration and is dismissed as abated.
Sd/JUDGE
MKM
List No.: 1 Sl No.: 8
2 provisions across 1 enactments
Mrs. Farhath Tasneem
Mr. Syed Saifulla
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
