Karnataka High Court
Adiveppa Aparak Kamate Occ Agril vs Shivappa Gurappa Talikoti Occ Agril on 28 June, 2024
-1-
NC: 2024:KHC-D:8867
RSA No. 5093 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 5093 OF 2010
BETWEEN:
1. ADIVEPPA APARAK KAMATE
DEAD BY HIS LRS
1A AWWAKKA
W/O BASAVANNI BASAPPAGOL
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O YAMAKANAMARAD, TALUK: HUKKERI,
DIST: BELAGAVI.
1B DRAKSHAYANI
W/O BHIMANAGOUDA PATIL
AGE: 36 YEARS, OCC: HOUSE HOLD WORK
R/O GOTUR, TALUK: HUKKERI,
Digitally signed DIST: BELAGAVI.
by SAROJA
HANGARAKI 2. SMT. GOURAVVA ADIVEPPA KAMATE
Location: HIGH AGE: 55, OCC: AGRICULTURE,
COURT OF R/O.YAMAKANAMARADI,
KARNATAKA TQ: HUKKERI, DIST: BELGAUM.
DHARWAD
BENCH 3. APPAYYA ADIVEPPA KAMATE
DHARWAD
AGE: 45, OCC: AGRICULTURE,
YAMAKANAMARADI, TQ: HUKKERI,
DIST: BELGAUM.
4. SHANKAR
S/O ADIVEPPA KAMATE
AGE: 40, OCC: AGRICULTURE,
YAMAKANAMARADI, TQ: HUKKERI,
DIST: BELGAUM.
-2-
NC: 2024:KHC-D:8867
RSA No. 5093 of 2010
...APPELLANTS
(BY SRI SHIVARAJ P.MUDHOL,
SRI ANAND D. BAGEWADI, ADVOCATES)
AND:
SHIVAPPA GURAPPA TALIKOTI
AGE: 60, OCC: AGRICULTURE,
R/O.YAMAKANAMARADI,
TQ: HUKKERI,
...RESPONDENT
(BY SRI DINESH M.KULKARNI, ADVOCATE)
THIS RSA IS FILED U/S. 100 CPC., PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 03.03.2009 IN R.A.NO.8/2006
PASSED BY THE CIVIL JUDGE (SR.DN.), HUKKERI AND JUDGMENT
AND DECREE DATED 24.11.2001 IN O.S.NO.594/1997 PASSED BY
THE CIVIL JUDGE (JR.DN.) SANKESHWAR BY ALLOWING THIS
APPEAL AND TO DISMISSED THE SUIT FILED BY THE RESPONDENT
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-3-
NC: 2024:KHC-D:8867
RSA No. 5093 of 2010
ORDER
None appears for the appellants. Learned counsel for the respondent present. Learned counsel for the respondent files a memo placing on record that, the sole respondent died on 18.12.2019. A copy of the death certificate is also annexed along with the memo.
In view of the same, the above appeal is dismissed as having abated.
Sd/-
JUDGE PJ CT:GSM List No.: 1 Sl No.: 55