IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.2322/2008 C/W R.S.A.No.2323/2008 IN R.S.A.No.2322/2008 :
BETWEEN:
TEEKHAJEE RAO S/O LATE RAMOJI RAO AGED ABOUT 52 YEARS RESIDING AT:
KALAI BEEDI MULBAGAL TOWN. ..APPELLANT (TEEKHAJEE RAO, PARTY-IN-PERSON- DEAD) AND:
SHUKAR SAB S/O. HASSAN SAB SINCE DEAD BY HIS LRS 1.MOULASAB AGED ABOUT 30 YEARS 2.HYDERVALLI AGED ABOUT 25 YEARS 3.HASSEN BEE AGED ABOUT 22 YEARS 4.KHADAR BEE AGED ABOUT 22 YEARS 5.SANAULLA AGED ABOUT 19 YEARS 6.SHAHEENABEE AGED ABOUT 16 YEARS 7.BHAVANBEE AGED ABOUT 14 YEARS LRS 1,2,4 & 5 ARE SONS AND LR No.3 IS WIFE AND LR 6 & 7 ARE MINOR CHILDREN OF LATE SHUKUR SAB AND THEY ARE REPRESENTED BY THEIR NATURAL MOTHER LR.NO.3 ALL ARE RESIDENTS OF KALAI BEEDI MULBAGAL TOWN.
8.MOTHI BAI D/O LATE DHANDURAO DEAD BY LRS 8.(a) S KANNAIAN RAO S/O SHAMRAO 8.(b) GOPAL RAO S/O SHAMRAO BOTH ARE RESIDENTS OF BEHIND VIGNESH STORES OPP. TO LAKSHMI ELECTRICALS 6TH CROSS, CHURCH ROAD CAUVERY NAGAR MURUGESHPALYA BANGALORE.
9. LAKSHMI BAI W/O LATE RAMOJI RAO AGED ABOUT 64 YEARS RESIDING AT: KALAI BEEDI MULBAGAL TOWN.
..RESPONDENTS (BY SRI M NARAYANA REDDY, ADVOCATE FOR R-1,2,3,5 NOTICE TO R-8 (A&B) & R-9 IS DISPENSED WITH V/O DATED:14.02.2018 APPEAL AGAINST R-4 IS DISMISSED V/O DATED:11.12.2018) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED:31.01.2008 PASSED IN R.A.No.23/2001 ON THE FILE OF THE ADDL. DISTRICT JUDGE, PRESIDING OFFICER, FTC-II, KOLAR C/C OF I ADDL. DISTRICT & SESSIONS JUDGE, KOLAR, ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED:20.06.2001 PASSED IN O.S.No.49/1993 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE(SR.DN.), KOLAR.
IN R.S.A.No.2323/2008:
BETWEEN:
TEEKHAJEE RAO S/O LATE RAMOJI RAO AGED ABOUT 52 YEARS RESIDING AT:
KALAI BEEDI MULBAGAL – 563 132. ..APPELLANT (TEEKHAJEE RAO, PARTY-IN-PERSON- DEAD) AND:
SHUKAR SAB S/O. HASSAN SAB SINCE DEAD BY HIS LRS 1.MOULASAB AGED ABOUT 30 YEARS 2.HYDERVALLI AGED ABOUT 25 YEARS 3.HASSEN BEE AGED ABOUT 22 YEARS 4.KHADAR BEE AGED ABOUT 22 YEARS 5.SANAULLA AGED ABOUT 19 YEARS 6.SHAHEENABEE AGED ABOUT 16 YEARS 7.BHAVANBEE AGED ABOUT 14 YEARS LRS 1,2,4 & 5 ARE SONS AND LR No.3 IS WIFE AND LR 6 & 7 ARE MINOR CHILDREN OF LATE SHUKUR SAB AND THEY ARE REPRESENTED BY THEIR NATURAL MOTHER LR.NO.3 ALL ARE RESIDENTS OF KALAI BEEDI MULBAGAL TOWN-563132 8.LAKSHMI BAI W/O LATE RAMOJI RAO AGED ABOUT 64 YEARS RESIDING AT KALAI BEEDI MULBAGAL – 563 132. ..RESPONDENTS (BY SRI M NARAYANA REDDY, ADVOCATE FOR R-1,2,3,5 APPEAL AGAINST R-8 IS DISMISSED V/O DATED:11.12.2018, R-4 IS SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED:31.01.2008 PASSED IN R.A.No.22/2001 ON THE FILE OF THE ADDL. DISTRICT JUDGE, PRESIDING OFFICER, FTC-II, KOLAR C/C OF I ADDL. DISTRICT & SESSIONS JUDGE, KOLAR, ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED:20.06.2001 PASSED IN O.S.No.41/1998 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE(SR.DN.), KOLAR.
THESE RSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT As per the report received from Member Secretary, Legal Services Committee, High Court Building, Bengaluru, Teekhajee Rao-appellant in both the appeals is no more.
Appeals are dismissed as abated.
Sd/- JUDGE SBN