In this regular first appeal, the High Court of Karnataka held that the appeal stands abated because it was listed over three years after the death of the sole respondent, without an application to bring legal representatives being filed.
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.
NC: 2024:KHC-D:13157 RFA No. 100011 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 100011 OF 2021 (SP)
BETWEEN:
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC-D:13157 RFA No. 100011 of 2021
DIST: BELAGAVI-591 310, RESPONDENT NO.2 HEREIN.
…APPELLANTS
(BY SRI. SHIVARAJ.S.BALLOLI., ADVOCATE)
AND:
SHRI. MAHABOOBSAB S/O HUSAINSAB DABADI, AGE: 54 YEARS, OCC: AGRICULTURE, R/O DHAVALESHWAR, TQ: GOKAK, DIST: BELAGAVI-591 310.
…RESPONDENT
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41R(1) R/W SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Shivaraj S.Balloli., counsel for the appellants has
appeared in person.
NC: 2024:KHC-D:13157 RFA No. 100011 of 2021
The appeal is listed today for orders regarding non-taking
of steps in respect of deceased sole respondent.
As could be seen from the daily order sheet, the appeal was listed on 22.10.2021, on that day, two weeks time was granted to take steps in respect of deceased sole respondent. Now we are in the month of September 2024. It’s almost three years, so far an application to bring the legal representatives of deceased sole respondent is not filed. Hence, the Regular First Appeal stands abated.
Sd/(JYOTI MULIMANI) JUDGE
MRP
List No.: 2 Sl No.: 5
SMT. SHONA W/O VENKAPPA NADAGOUD AND OTHERS
SHRI. MAHABOOBSAB S/O HUSAINSAB DABADI
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
