Regular first appeal against a decree dismissing a suit for declaration, possession and injunction. The sole appellant died pending appeal and no legal representatives were brought on record, so the appeal stood abated and was dismissed as abated.
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 26TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1304 OF 2012 (DEC/INJ)
BETWEEN:
…APPELLANT
(BY SRI. RAJESH K.S., ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
BOTH ARE R/AT NO. 28/1 NEW BAMBOO BAZAAR ROAD BANGALORE- 560 051.
…RESPONDENTS
(BY SRI. NAGARAJ, ADVOCATE FOR R2(A); R2(B TO C) ARE MINORS REP. BY R2(A); R1 DECEASED, APPELLANT AND R2 ARE LRs OF DECEASED R1)
THIS RFA IS FILED U/SEC 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 1.6.2012 PASSED IN O.S.NO.15943/2012 ON THE FILE OF XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR DECLARATION, POSSESSION AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
The learned counsel appearing for contesting respondents has filed a memo reporting death of sole appellant. On perusal of the memo, this Court has noticed that appellant has died on 26.4.2024. No steps are taken. Hence, the appeal has abated.
SD/(SACHIN SHANKAR MAGADUM) JUDGE
ALB
List No.: 3
1 provisions across 1 enactments
Sri Farooq Aboushair
Smt. Shamsia Sultana
Sri Gazan Aboushair
Sachin Shankar Magadum
As recorded by the court registry
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