Smt.Manjula W/O Ramesh B. Patil vs Basalingappa S/O Shivarayappa ...

          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.100137 OF 2017 (PAR/POS)

BETWEEN

SMT.MANJULA W/O RAMESH B. PATIL,
AGE 31 YEARS,OCC: H/W,
C/O RAMESH S.B. PATIL,
C/O PUJAR SHREE NAGAR,
BAVIKATTI PLOT,R/O: DHARWAD,
TAL: DHARWAD-580008,
DIST: DHARWAD.
                                         ...APPELLANT

(BY SRI.RAMESH I ZIRALI, ADV.)

AND

BASALINGAPPA S/O SHIVARAYAPPA BELAVI,
AGE: 75 YEARS,OCC: AGRICULTURE,
R/O: BALOBAL,TAL: GOKAK-591307,
DIST: BELAGAVI.
                                        ...RESPONDENT
    THIS APPEAL IS FILED UNDER ORDER 41 RULE 1
READ WITH SECTION 96 OF CPC AGAINST THE JUDGMENT
AND    DECREE   DATED    25.07.2016   PASSED    IN
OS.NO.403/2015 ON THE FILE OF THE PRL.SENIOR CIVIL
                             :2:



JUDGE, GOKAK, DECREEING THE SUIT              FILED   FOR
PARTITION AND SEPARATE POSSESSION.


    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
SREENIVAS   HARISH   KUMAR  J., DELIVERED  THE
FOLLOWING:

                          ORDER

Appellant's counsel prays for time to take steps to bring legal representatives of deceased sole respondent on record. But the postal cover bearing stamp dated 02.01.2018 shows that the notice was sent back to this Court with a shara that respondent was dead. Therefore, the death of respondent might have taken place much before the date mentioned on the postal cover. In view of this, the appeal stands abated.

Sd/-

JUDGE Sd/-

JUDGE VB/-