Appellant in a regular second appeal arising from a partition suit died during the appeal's pendency. The High Court dismissed the second appeal as abated on account of the appellant's death.
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:9529 RSA No. 100356 of 2019
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. 100356 OF 2019 (PAR-)
BETWEEN:
SMT. MEHABOOBI W/O MAHABOOBSAB KOPPAD AGE: 70 YEARS, OCC: AGRICULTURIST, R/O. MISHRIKOTI VILLAGE, TQ: KALAGHATAGI, DIST:DHARWAD
…APPELLANT
(BY SRI S.G.KADADAKATTI, ADVOCATE)
AND:
SMT.RAHIMBOO W/O JANGALISAB KUNDAGOL (SINCE DECEASED BY HER LRS)
Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
TQ: HUBLI, DIST: DHARWAD.
…RESPONDENTS
THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.02.2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN R.A.NO.14/2018 BY CONFIRMING THE JUDGMENT AND DECREE DATED 31.07.2015 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD, IN OS.NO.335/2005 BY AWARDING 1/4TH SHARE OF APPELLANT BY ALLOWING THIS APPEAL.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
It is submitted by the learned counsel for the
appellant that the sole appellant died on 31.07.2023.
In view of the same, the above appeal is dismissed
as having abated .
Sd/JUDGE
PJ CT:GSM List No.: 1 Sl No.: 38
1 provisions across 1 enactments
Smt. Mehaboobi w/o Mahaboobsab Koppad
Sri Makthumsab s/o Peersab Hanchinal
Smt. Rahimboo w/o Jangalisab Kundagol (since deceased by her LRS)
Gudumunnisa w/o Nabisab
Mamataj Begum w/o Appasab Pachapur
Allabaksha s/o Janglisab Kundagol
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
