Regular First Appeal against a declaration and possession decree abated after an in-camera application to bring representatives on record was dismissed as withdrawn while the opposing party had already filed a related suit.
I.A.No.1/2024 and I.A.No.3/2024 dismissed as withdrawn; consequence is abatement of appeal.
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:10252-DB RFA No. 396 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 396 OF 2023 (DEC/POS)
BETWEEN:
SON OF M S HAMEEDUDDIN, AGED ABOUT 32 YEARS,
RESIDING AT NO 479, 5TH MAIN
RMV II STAGE, DOLLARS COLONY BANGALORE - 560 094
SON OF MOHAMMED HUSSAIN,
AGED ABOUT 55 YEARS, RESIDING AT NO 479, 5TH MAIN
RMV II STAGE, DOLLARS COLONY
Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA
AND:
SON OF MOHAMMED HUSSAIN,
479, RMV II STAGE, BANGALORE – 560 094
NC: 2024:KHC:10252-DB RFA No. 396 of 2023
REPRESENTED BY HIS PA HOLDER DR AFTAB AHMED, AGED ABOUT 61 YEARS, RESIDING AT NO 25, 25TH MAIN, I PHASE, J P NAGAR, BANGALORE – 560 078
…RESPONDENTS
(BY SRI.S.V.BHAT ADVOCATE FOR C/R1 R2 SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
04.01.2023 PASSED IN O.S NO.7443/2012 ON THE FILE OF THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR DECLARATION AND POSSESSION & ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S.G.PANDIT J, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants files memo dated 13.03.2024 praying to dismiss the applications filed to bring LRs of appellants on record, since LRs have already filed
O.S.No.1727/2024 before the City Civil and Sessions Judge, Bengaluru.
I.A.No.3/2024 are dismissed as withdrawn. Consequently, appeal abates.
Since the appeal is abated, consideration of all other applications would not arise.
Sd/JUDGE
Sd/JUDGE
NC CT:JR LIST NO.: 1 SL NO.: 25
SAIFUDDIN SON OF M S HAMEEDUDDIN
M S HAMEEDUDDIN SON OF MOHAMMED HUSSAIN
J M MUNEERUDDIN
MOHAMMED ALAUDDIN SON OF MOHAMMED HUSSAIN
S.G. PANDIT
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
