Smt.Lalita vs Shri.Kallappa
2021 Latest Caselaw 3184 Kant

        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

  DATED THIS THE 19 T H DAY OF AUGUST, 2021

                      PRESENT

       THE HON'BLE MR.JUSTICE B.VEERAPPA
                         AND
       THE HON'BLE MR.JUSTICE M.G.S. KAMAL


MISCELLANEOUS FIRST APPEAL No.100898/2016 [MC]

BETWEEN:

SMT. LALITA, W/O KALLAPPA MATHAD,
AGE: 38 YEARS, OCC:HOUSEHOLD WORK,
R/O C/O BASAPPA NINGAPPA TOTAGI,
NOW R/O MALALI VILLAGE OF MUDHOL TALUKA
OF BAGALKOT DISTRICT.
                                    ... APPELLANT
(BY SHRI S.M.JATTI AND
    SHRI H.R.HOOLI, ADVOCATE)

AND:

SRI KALLAPPA, S/O ADIVEPPA MATHAD,
AGE:58 YEARS, OCC: AGRICULTURE,
R/O MANTUR VILLAGE, RAIBAG TALUK,
BELAGAVI DISTRICT.
                                        ... RESPONDENT
(BY SHRI RAHUL RAVINDRA, ADVOCATE)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 28 OF THE HINDU MARRIAGE ACT, 1955, PRAYING TO
SET-ASIDE THE ORDER DATED 05.12.2015 MADE IN
M.C.NO.29/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, RAIBAG AND ALLOW THE PETITION FILED UNDER
SECTION 9 OF THE HINDU MARRIAGE ACT, 1955 SEEKING THE
RELIEF OF RESTITUTION OF CONJUGAL RIGHTS.
                              :2:


     THIS APPEAL COMING ON FOR ORDERS THIS
DAY, B.VEERAPPA J., DELIVERED T HE FOLLOWING:

                        JUDGMENT

The present appeal is filed by the appellant/wife

against the impugned judgment and decree dated

05.12.2015 made in M.C.No.29/2012 by the Senior Civil

Judge and JMFC, Raibag, allowing the petition filed by the

respondent/husband under Section 9 of the Hindu Marriage

Act, 1955, for restitution of conjugal rights.

2. The learned counsel for the appellant has filed

a memo dated 27.07.2021 stating that the respondent

died on 18.12.2019 and hence, the appeal does not

survive for consideration.

3. In view of the above, the sole respondent

having died, appeal stands abated.

(Sd/-) JUDGE

(Sd/-) JUDGE Jm/-