The Karnataka High Court disposed of a first appeal where the sole appellant alleged death 3-4 years prior. Counsel submitted the appeal abated due to the death and lack of instructions from legal representatives.
The appeal is dismissed on the ground of abatement due to the death of the sole appellant.
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 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REGULAR SECOND APPEAL NO. 493 OF 2015 (SP)
BETWEEN:
SRI. SYED ZAHIRUDDIN, S/O SYED ADHAM SAB, AGED ABUT 75 YEARS, AGRICULUTRIST, R/O VIDYANAGAR, N. R. PURA ROAD, SHIVAMOGGA - 577 201.
…APPELLANT
(BY SRI. C.M. DESAI., ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
2(a) SRI. NAVEED, S/O ABDUL KHUDUS, AGED ABOUT 46 YEARS, AGRICULTURIST, R/O KUDLI VILLAGE, TALUK & DISTRICT, SHIMOGA - 577 202.
2(b) SMT. JAMEELA, W/O IBRAHIM SAB, D/O ABDUL KHUDUS, AGED ABOUT 41 YEARS, HOUSEHOLD, R/O AMBARAKOPPA, SHIKARIPURA TALUK, SHIVAMOGGA - 577 427.
2(c) SMT. FARIDA, W/O ATAULLA KHAN, D/O ABDUL KHUDUS, AGED ABOUT 33 YEARS, AGRICULTURIST, R/O KUDLI VILLAGE, TALUK AND DISTRICT, SHIVAMOGGA - 577 202.
AGED ABOUT 10 YEARS, SINCE MINOR RERPESENTED BY HIS NATURAL GUARDIAN MOTHER, SMT. B.B. AYESHA, W/O LATE SANAULLA, AGED ABOUT 35 YEARS, R/O KUDLI VILLAGE, TALUK AND DISTRICT, SHIVAMOGGA - 577 202.
2(f) SMT. MEHRUNISSA, W/O ASLAM PASHA, D/O ABDUL KHUDUS, AGED ABOUT 31 YEARS, R/O HOLEHONNURU, BHADRAVATI TALUK, SHIVAMOGGA - 577 301.
2(g) SRI. SAGAIRA AHAMED, S/O ABDUL KHUDUS, AGED ABOUT 26 YEARS, AGRICULTURIST, R/O KUDLI VILLAGE, TALUK AND DISTRICT, SHIVAMOGGA - 577 202.
…RESPONDENTS
(BY SRI.S.V.PRAKSH ., ADVOCATE FOR R1, R2(A TO D, F AND G) AND R2(E) (A AND B)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2014 PASSED IN R.A.NO.287/2009 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE AT SHIVAMOGGA, IN SO FAR AS DISMISSING THE CROSS OBJECTION FILED BY THE APPELLANT
NC: 2024:KHC:22405 RSA No. 493 of 2015
UNDER SECTION 41 RULE 22 OF CPC AND BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.02.2008 MADE IN O.S.NO.346/1994 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (JR. DN) AND J.M.F.C SHIMOGA, IN SO FAR AS DISMISSING THE APPELLANT'S PRAYER / CLAI, FOR SPECIFIC PERFORMANCE IS CONCERNED AND THEREBY ALLOWING THE SUIT IN ITS ENTITITY AND THE CROSS OBJECTION OF THE APPELLANT FILED IN THE R.A.NO.284/2009, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
NC: 2024:KHC:22405 RSA No. 493 of 2015
Sd/JUDGE
RMS List No.: 1 Sl No.: 28
3 issues framed by the court
Whether the first appeal stands abated due to the death of the sole appellant without legal representatives.
What is the appropriate disposal of the appeal upon discovery of the appellant's death.
Whether the court should continue the proceedings or dismiss the appeal due to abatement.
SRI. SYED ZAHIRUDDIN
SRI. FAZLOOR RAHAMAN
SRI. NAVEED
SMT. JAMEELA
SMT. FARIDA
SRI. JAVEED
SURIYAKUMAR K.N.
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
