Regular second appeal against concurrent decrees in a suit was dismissed as abated upon the court being informed that the sole respondent had died about two years earlier.
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NC: 2024:KHC-D:9530 RSA No. 100297 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 100297 OF 2018 (INJ-)
BETWEEN:
NAITE MOHAMMED ALI S/O. KHADIR MOHDDIN, AGE: 61 YEARS, OCC: BUSINESS, R/O. 312, MAIN ROAD, CHOUTHANI, TALUK: BHATKAL (NK), DIST: UTTARA KANNADA. PIN: 581320. …APPELLANT (BY SRI SHIVARAJ P. MUDHOL, ADVOCATE)
AND:
Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
GAWAI MOHAMMED BAPU S/O KHADIR BASHA, AGE: 77 YEARS, OCC: NIL, R/O. CHOUTHANI, K B ROAD, TALUK:BHATKAL (NK), DIST:UTTARA KANNADA. PIN: 581320. …RESPONDENT
(BY SRI J.S.SHETTY, ADVOCATE)
THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 26.02.2018 IN R.A.NO.23/2017 PASSED BY THE SENIOR CIVIL JUDGE, BHATKAL AND JUDGMENT AND DECREE DATED 17.12.2013 IN O.S.NO.3/2012 PASSED BY THE PRINCIPAL CIVIL JUDGE, BHATKAL AND DECREE THE SUIT BY ALLOWING THIS APPEAL.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC-D:9530 RSA No. 100297 of 2018
ORDER
Learned counsel for the appellant submits that the
sole respondent deceased about two years ago.
In view of the aforementioned, the above appeal is dismissed as having abated .
Sd/JUDGE
PJ CT:GSM List No.: 1 Sl No.: 31
1 provisions across 1 enactments
Naite Mohammed Ali S/o Khadir Mohddin
Gawai Mohammed Bapu S/o Khadir Basha
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
