Disposed¶31

Sri. Syed Mumtaz Ahmed v. Sri. Ajmal Ahmed Shariff

Karnataka HC8 Jan 2026RSA/2219/2023

Case brief

AI extract

What is this about?

Karnataka HC regular second appeal disposed on abatement: sole appellant died during pendency; LR applications (I.A.Nos.1-3/2024, 18 days' delay condonation, setting aside abatement) opposed on ground that injunction relief against an individual does not survive death; decree would abate, appeal would not survive; appeal and pending IAs disposed. Keywords: abatement, death of sole appellant, legal representatives, injunction against individual, S.100 CPC, RSA No.2219/2023, RA No.66/2022, OS No.426/2018, Chamarajanagar.

What did the court decide?

With the sole appellant dead, the decree would abate and the appeal would not survive for consideration; accordingly the appeal is disposed of. ¶29

Sri. Syed Mumtaz Ahmed Vs Sri. Ajmal Ahmed Shariff — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:1061 RSA No. 2219 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 2219 OF 2023 (INJ)

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BETWEEN:

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SRI. SYED MUMTAZ AHMED, S/O LATE MUTAVALLI SYED ISMAIL SAHIB, AGED ABOUT 71 YEARS, R/ DEVANGA STREET, OPP LUCKY CHICKEN CENTRE, CHAMRAJANAGARA CHAMARAJANAGAR CITY - 571 313

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…APPELLANT

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(BY SRI. R.B. SADASHIVAPPA FOR SRI. PALANIMUTHU K., ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SRI. AJMAL AHMED SHARIFF S/O LATE NAZIR AHAMED SHARIFF, AGED ABOUT 73 YEARS R/A DOOR NO 15/319, COURT ROAD CHAMARAJANAGAR CITY - 571 313.

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PRESENTLY RESIDING AT R/A GUNDALPET ROAD, TIRUPUR ROAD, 2ND CROSS CHAMARAJANAGAR CITY - 571 313.

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…RESPONDENT

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(BY SRI. SRINIVASA C, ADVOCATE)

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2 - NC: 2026:KHC:1061 RSA No. 2219 of 2023

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HC-KAR

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.11.2023 PASSED IN RA NO.66/2022 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHAMARAJANAGARA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.10.2022 PASSED IN OS NO.426/2018 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, CHAMARAJANAGARA.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL JUDGMENT

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Since sole appellant had died, I.As.no.1, 2 and 3 of 2024 are filed for condonation of 18 days' delay in filing LR application, setting aside abatement and for bringing legal representatives of deceased appellant on record as appellants no.1(a) to 1(f).

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Sri Srinivasa, learned counsel appearing for respondent - plaintiff opposes applications on ground that relief of injunction sought against an individual would not survive on death of said person. Therefore, there would be no question of allowing legal representatives of deceased to come on record.

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NC: 2026:KHC:1061 RSA No. 2219 of 2023

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HC-KAR

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