Mahaboobsab S/O. Fakruddinsab Naykar v. Moulasab S/O. Malliksab Naykar
Case brief
What is this about?
Abatement of entire Regular First Appeal; death of respondent Nos. 18, 24, 28, 29, 41, 50; appellants failed to implead legal representatives despite sufficient opportunity; partition suit appeal involves common cause of action so whole appeal abates; reliance on Hemareddi (dead) through LRs v. Ramachandra Yallappa Hosamani, (2019) 6 SCC 756; RFA No.100074 of 2021 (PAR/POS) under Sec. 96 CPC against judgment and decree dated 09.02.2021 in O.S.No.310/2014, Senior Civil Judge and JMFC Kundgol; High Court of Karnataka, Dharwad Bench; decided 28.01.2025; NC: 2025:KHC-D:1678-DB; oral order per Justice Umesh M Adiga with Justice Ashok S. Kinagi.
What did the court decide?
As the appellants failed to take steps to bring the legal representatives of the deceased respondent Nos. 18, 24, 28, 29, 41 and 50 on record despite sufficient opportunity, the appeal abates against those respondents.