- 1 - NC: 2025:KHC:13188 RSA No. 2789 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 2789 OF 2011 (PAR) BETWEEN: ZAHIDA KHATHUN W/O NAVAB JAN AGED 44 YEARS R/O.2ND CROSS, TANK MOHALLA, SHIMOGA CITY – 577 201. …APPELLANT (BY SMT. RASHMI R, ADVOCATE FOR SRI. RAGHU PRASAD B S, ADVOCATE) AND: 1. MEHABOOB BI W/O IBRAHIM KHAN AGED 60 YEARS R/O. 2ND CROSS, TANK MOHALLA SHIMOGA CITY – 577 201. 2. MAJEED KHAN S/O IBRAHIM KHAN AGED ABOUT 45 YEARS R/O. 3RD CROSS, GARDEN AREA, SHIMOGA CITY – 577 201. 3. SUFIYA KHATOON W/O SHAFIULLA AGED 41 YEARS R/O. SULEBYLU 5TH CROSS MATTUR ROAD, SHIMOGA – 577 201. …RESPONDENTS (BY SRI. B S PRASAD, ADVOCATE FOR R2; R3 SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.04.2007 PASSED BY THE COURT OF THE PRINCIPAL CIVIL JUDGE(SR DN) & CJM AT SHIMOGA IN O.S.NO.293/2007 DISMISSING THE SUIT AND ALSO THE JUDGMENT AND DECREE DATED 04.06.2010 PASSED BY THE ADDITIONAL DISTRICT JUDGE, AT SHIMOGA PASSED IN R.A.21/2007. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13188 RSA No. 2789 of 2011 CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT Counsel for appellant has filed a memo dated 24.03.2025 which reads asunder: ”The counsel for the appellant submit that advocate from Shivamogga, who is also referring counsel of the above appeal has informed that the appellant has expired and she doe not have any legal heirs and also he has not received any reply to the letter sent to the address mentioned given at the time of filing the appeal.” In view of memo, appeal stands dismissed as abated. Sd/- (RAVI V HOSMANI) JUDGE JS List No.: 1 Sl No.: 16