IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11 T H DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR.JUSTICE P.N.DESAI
RFA NO.4027 OF 2013 (PAR/POS)
BETWEEN
1. RUKMAVVA W/O. NAGAPPA SALUNKE,
AGED ABOUT: 49 YEARS,
OCC: HOUSEHOLD WORK AND
AGRICULTURE,R/AT: AMARGOL,
TQ: NAVLGUND-582207,DIST: DHARWAD.
2. GIRIJA W/O. MARUTI SINDHE,
AGED ABOUT: 47 YEARS,
OCC: HOUSEHOLD WORK,
R/AT: HAGGADEVARA ONI,
SAUNDATTI - 591126,DIST: BELGAUM.
3. KAMALAWWA W/O. ASHOK SINDHE,
AGED ABOUT: 41 YEARS,OCC: HOUSEHOLD WORK,
R/AT: HAGGADEVARA ONI,SAUNDATTI - 591126,
DIST: BELGAUM.
...APPELLANTS
(BY SRI. PRAKASH ANDANIMATH, ADV.)
AND
1 . BASAVARAJ S/O. GOPAL KADAM,
:2:
AGED ABOUT: 52 YEARS,OCC: AGRICULTURE,
R/AT: NEAR ALURMATH,MUNAVALLI - 591 117,
TQ: SAUNDATTI,DIST: BELGAUM.
2 . YAMANAWWA W/O. APPANNA KADAM,
AGED ABOUT: 38 YEARS,OCC: AGRICULTURE,
R/AT: NEAR ALURMATH,MUNAVALLI - 591 117,
TQ: SAUNDATTI,DIST: BELGAUM.
3 . REKHA W/O PUNDALIK JAGADALE,
AGED ABOUT: 19 YEARS,OCC: HOUSEHOLD WORK,
R/AT: NAVALUR,TQ and DIST: DHARWAD.
4 . VIDYA D/O APPANNA KADAM,
AGED ABOUT: 12 YEARS,OCC: STUDENT,
R/AT: MUNAVALLI - 591117,TQ: SAUNDATTI,
DIST: BELGAUM.
(MINOR REPTD., BY MINOR
GUARDIAN NATURAL MOTHER
RESPONDENT NO.2)
5 . SAMBAJI S/O. APPANNA KADAM,
AGED ABOUT: 10 YEARS,
OCC: STUDENT,R/AT: MUNAVALLI - 591 117,
TQ: SAUNDATTI,DIST: BELGAUM.
(MINOR REPTD., BY MINOR
GUARDIAN NATURAL MOTHER
RESPONDENT NO.2)
6 . SHIVAJI S/O. APPANNA KADAM,
AGED ABOUT: 10 YEARS,OCC: STUDENT,
R/AT: MUNAVALLI - 591 117,
TQ: SAUNDATTI,DIST: BELGAUM.
(MINOR REPTD., BY MINOR
GUARDIAN NATURAL MOTHER
RESPONDENT NO.2)
...RESPONDENTS
:3:
(BY SRI. M KUSUMAKAR, ADV. FOR C/R1;
`SRI. M.M.KHANNUR, ADV. FOR R2 AND R3;
R4-6 ARE MINORS R/BY R2)
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 05.02.2013
PASSED IN O.S.No.09/2010 ON THE FILE OF THE SENIOR
CIVIL JUDGE, SAUNDATTI, DISMISSING THE SUIT FILED
FOR DECLARATION, PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
SREENIVAS HARISH KUMAR J., PASSED THE
FOLLOWING:
ORDER
Order dated 19.04.2017 clearly shows that the appeal so for as appellant No.1 is concerned stood abated. Therefore, it need not be shown again and again in the cause list.
2. So for as respondent No.1 is concerned, order dated 22.10.2019 shows that respondent No.1 died three years ago and for this reason, appeal stood abated against respondent No.1 also.
3. In view of abatement of appeal against respondent No.1, since this appeal arises out of a suit for declaration, partition and separate possession and that legal representatives of respondent No.1 have not been :4: impleaded at all, the absence of one of the necessary parties results in abatement of entire appeal. Hence, appeal is dismissed as abated.
Sd/-
JUDGE Sd/-
JUDGE