- 1 - HC-KAR NC: 2025:KHC-D:14082 RSA No. 2272 of 2007 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 2272 OF 2007 (DEC/INJ) BETWEEN: 1. BABAJAN HAJARESAB ANDALAGI S/O. LATE HAJARESAB ANDALAGI, SINCE DECEASED BY HIS LRS., 1A. FATIMA B. W/O. NAZIRHAMMAD GOOLMI, AGE: 40 YEARS, OCC. HOUSEWIFE, R/O. SHABAZAR, NEAR CANARA BANK, BANKAPUR, TQ. SHIGGAOV, DISTRICT: HAVERI. 2. SMT. AMMAJAN W/O. ABDULKHADAR GOOLMI, MAJOR,R/O. BANKAPUR VILLAGE, TQ. SHIGGAOV, DISTRICT: HAVERI. …APPELLANTS (BY SRI. CHANDRASHEKAR R. HIREMATH, ADVOCATE) AND: 1. MR. ABDULMUNAF AHMADSAB ANDALAGI S/O. AHMAD ANDALAGI, AGED ABOUT 68 YEARS, R/O. THORUR VILLAGE, SHIGGAON TALUK, DISTRICT: HAVERI. 2. MR. BASHUSAB AHMADSAB ANDALAGI S/O. AHMADSAB ANDALAGI, SINCE DECEASED BY HIS LRS., YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.18 10:51:28 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14082 RSA No. 2272 of 2007 2A. MR. MIYAJAN BASHUSAB BUKKITAGAR S/O. BASHUSAB, AGE:40 YEARS, R/O. THORUR VILLAGE, SHIGGAON TALUK, DISTRICT: HAVERI. 2B. MOHAMMADSAB BASHUSAB BUKKITAGAR AGE: MAJOR, R/O. THORUR VILLAGE, SHIGGAON TALUK, DISTRICT: HAVERI. 2C. MR. TAKIR S/O. BASHUSAB BUKKITAGAR, AGE: MAJOR, R/O. THORUR VILLAGE, SHIGGAON TALUK, DISTRICT: HAVERI. 2D. JAFARSAB BASHUSAB BUKKITAGAR AGE: MAJOR, R/O. THORUR VILLAGE, SHIGGAON TALUK, DISTRICT: HAVERI. 2E. MRS. KHURESH W/O. IMAMSAB BADIGER @ KALAKOTI AGE: MAJOR, R/O. HASANABADI VILLAGE, HANAGAL TALUK, DISTRICT: HAVERI. 2F. MRS. HAMEDU W/O. NANNESAB KALAKOTI, AGE: MAJOR, R/O. THORUR VILLAGE, SHIGGAON TALUK, DISTRICT: HAVERI. 2G. MRS. BALKUSH W/O. AMEERABASHA PATHAN, R/O. AT GAJIPUR, HANAGAL TALUK, DISTRICT: HAVERI. 2H. MRS. GULJAR W/O. SHAFI BAMMIGATTI, R/O. SAKEGAR, MALLAGATTI, SHIGGAON TALUK, DISTRICT: HAVERI. 2I MRS. SHAMEEN - 3 - HC-KAR NC: 2025:KHC-D:14082 RSA No. 2272 of 2007 W/O. MAHABOOB PATHAN, R/O. GAJIPUR, HANAGAL TALUK, DISTRICT: HAVERI. 2J. MRS. BASEERA W/O. KHADARSAB DYAMANAKOPPA, AGE: MAJOR, R/O. AT HOTANAHALLI, SHIGGAON TALUK, DISTRICT: HAVERI. 3. MR. ABDULSATTAR AHMADSAB ANDALAGI R/O. THORUR VILLAGE, SHIGGAON TALUK, DISTRICT: HAVERI. …RESPONDENTS (BY SRI. S.T. PATIL AND SRI. GANGADHAR S. HOSAKERI, ADVOCATE FOR R2(A), R2(B), R2(D), R2(G) AND R3; SRI. R.I. CHANNAPATTAN AND SRI. S.G. HIREMATH, ADVOCATE FOR R1(A); R2(F), R2(J)-NOTICE SERVED; R2(C), R2(E), R2(H) AND R2(I)-NOTICE HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 29.06.2007 PASSED IN RA.NO.47/1998 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) HAVERI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 08.10.1998 PASSED IN OS.NO.47/1994 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) SHIGGAON, DECREEING THE SUIT FOR DECLARATION AND INJUCNTION. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14082 RSA No. 2272 of 2007 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel and perused the records. 2. It is noticed that respondent No.1 is the plaintiff before the Trial Court. Respondent No.1 has died and the legal heirs are not brought on record. The appeal as against respondent No.1 has already abated as per order dated 04.03.2024 which reads as bellow: “No representation on behalf of appellant. Respondent No.1 died and accordingly appeal abates in respect of respondent No.1 is concerned.” 3. The Decree of the Trial Court as well as the First Appellate Court was in favour of respondent No.1. The parties being Mohammedans, any such right which has accrued in favour of respondent No.1 is in his individual capacity. Therefore, in view of death of respondent No.1, the entire appeal is abated. As such the appeal is dismissed as abated. SD/- (C M JOSHI) JUDGE SSP CT:PA List No.: 1 Sl No.: 54