Sri A R Appaji vs Smt Bhagyamma

Citation : 2024 Latest Caselaw 19013 Kant
Judgement Date : 30 July, 2024

Karnataka High Court

Sri A R Appaji vs Smt Bhagyamma on 30 July, 2024

                                             -1-
                                                            NC: 2024:KHC:30127
                                                           RSA No. 393 of 2018




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 30TH DAY OF JULY, 2024

                                           BEFORE
                          THE HON'BLE MR. JUSTICE E.S.INDIRESH
                       REGULAR SECOND APPEAL NO.393 OF 2018 (PAR)
                BETWEEN:

                       SRI. A.R. APPAJI,
                       S/O LATE RAMASHETTY,
                       AGED ABOUT 58 YEARS,
                       R/O KALENAHALLI VILLAGE,
                       KOTHATHI HOBLI,
                       MANDYA TALUK & DISTRICT - 571 402.
                                                                  ...APPELLANT
                (BY SRI. GURURAJ R, ADVOCATE)

                AND:

                1.     SMT. BHAGYAMMA,
                       W/O LATE R. SHANKARAPPA,
                       AGED ABOUT 54 YEARS,
                       R/AT NO. 773, SWARNASANDRA,
                       MANDYA CITY & DISTRICT - 571 401.
Digitally signed by
ARUNKUMAR M S 2.       SMT. KALAVATHI,
Location: High
Court of Karnataka     D/O LATE R. SHANKARAPPA,
                       AGED ABOUT 42 YEARS,
                       R/AT NO. 773, SWARNASANDRA,
                       MANDYA CITY & DISTRICT - 571 401.

                3.     SRI. SHASHIKUMAR,
                       S/O LATE R. SHANKARAPPA,
                       AGED ABOUT 32 YEARS,
                       R/AT NO. 773, SWARNASANDRA,
                       MANDYA CITY & DISTRICT - 571 401.

                4.     SRI. GURURAJU,
                       S/O LATE R. SHANKARAPPA,
                             -2-
                                          NC: 2024:KHC:30127
                                         RSA No. 393 of 2018




     AGED ABOUT 28 YEARS,
     R/AT NO. 773, SWARNASANDRA,
     MANDYA CITY & DISTRICT - 571 402.

5.   SMT. KAMALAMMA,
     W/O KANDAIAH,
     D/O LATE RAMASHETTY,
     AGED ABOUT 50 YEARS,
     R/O 3RD CROSS,
     NEAR CHANAKYA LOGDE,
     SIHINEERU KOLA,
     MANDYA CITY & DISTRICT - 571 401.

6.   SMT. SUNDRAMMA,
     W/O KEMPAIAH,
     AGED ABOUT 55 YEARS
     R/AT SUNDAHALLI VILLAGE,
     KOTHATHI HOBLI,
     MANDYA TALUK & DISTRICT - 571 402.
                                              ...RESPONDENTS
(BY SRI. VENKATARAVANAPAPA M, ADVOCATE FOR R1 TO R4;
    SRI. N.P. KALLESH GOWDA, ADVOCATE FOR R5;
    SRI. LAKSHMIKANTH K, ADVOCATE FOR R6)

      THIS RSA IS FILED U/S. 100 OF CPC., 1908 AGAINST
THE JUDGMENT AND DECREE DATED 15.11.2017 PASSED IN
R.A.NO.72/2016   ON   THE   FILE   OF   THE   IV   ADDITIONAL
DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE
APPEAL AND PARTLY SETTING ASIDE THE JUDGMENT AND
DECREE DATED 29.09.2016 PASSED IN OS.NO.140/2007 ON
THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND
CJM., MANDYA.

      THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                  -3-
                                               NC: 2024:KHC:30127
                                             RSA No. 393 of 2018




CORAM:     HON'BLE MR. JUSTICE E.S.INDIRESH


                         ORAL JUDGMENT

It is submitted by the learned Senior Counsel Sri.Vigneshwar S Shastri appearing for the appellant that, the appellant died a year back. In that view of the matter, the appeal is abated.

Sd/-

(E.S.INDIRESH) JUDGE KBM List No.: 1 Sl No.: 45 CT: BHK