Karnataka High Court
Malkappa S/O Tippanna Dhotre vs Rajeshwari on 30 July, 2024
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NC: 2024:KHC-K:5461
RSA No. 200043 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH
HEGDE
REGULAR SECOND APPEAL NO.200043 OF 2022
(INJ)
BETWEEN:
MALKAPPA S/O TIPPANNA DHOTRE,
AGED ABOUT 76 YEARS,
OCC: RETIRED GOVT. SERVANT,
R/O GOGIPETH VILLAGE,
TQ. SHAHAPUR,
DIST. YADGIR AND ALSO
RESIDING AT PLOT NO.37,
BIDDAPUR COLONY RAILWAY GATE,
KALABURAGI-585 102.
Digitally signed ...APPELLANT
by RENUKA (BY SRI GURUBASAVA C. NAYAK, ADVOCATE FOR
Location: HIGH SRI RAMACHANDRA K., ADVOCATE)
COURT OF
KARNATAKA AND:
RAJESHWARI
D/O TIPPANNA DHOTRE,
W/O RAMPRASHAD,
AGED ABOUT 59 YEARS,
OCC: HOUSEHOLD,
R/O GOGIPETH VILLAGE,
TQ. SHAHAPUR, DIST. YADGIR-585 201.
...RESPONDENT
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NC: 2024:KHC-K:5461
RSA No. 200043 of 2022
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THE APPEAL SUBMITTED BY THE
APPELLANT; SET ASIDE THE JUDGMENT AND DECREE PASSED
BY THE SENIOR CIVIL JUDGE AND JMFC, SHAHAPUR IN
R.A.NO.9/2020 DATED 17.02.2021; SET ASIDE THE JUDGMENT
AND DECREE PASSED BY THE ADDITIONAL CIVIL JUDGE AND
JMFC SHAHAPUR IN O.S. NO.10/2017 DATED 18.02.2020 AND
DISMISS THE SUIT FILED BY THE PLAINTIFF WITH COST
THROUGHOUT AS NOT MAINTAINABLE.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH
HEGDE
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) It is stated that that the sole respondent died and the report is received on 17.03.2022.
Steps are not taken to substitute the legal representatives of the deceased respondent for more than three months. Hence, the appeal is dismissed as abated.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE LG List No.: 1 Sl No.: 39