Shivasharanappa S/O Dundappa ... vs Ansuyabai W/O Malkappa Chinmalli ...
2021 Latest Caselaw 6874 Kant

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       IN THE HIGH COURT OF KARNATAKA
              KALABURAGI BENCH
  DATED THIS THE 20TH DAY OF DECEMBER, 2021
                     BEFORE
      THE HON'BLE MR.JUSTICE M.G.S.KAMAL
                RSA No.7137/2013
BETWEEN:
SHIVASHARANAPPA S/O DUNDAPPA TALWAR
AGE: 58 YEARS OCC: DRIVER KSRTC
R/O: INDIRA NAGAR, GULBARGA-585 102.
                                     ... APPELLANT
(BY SRI. SHIVANAND PATIL, ADVOCATE)
AND:
01. ANUSUYABAI W/O MALKAPPA CHINMALLI
     AGE: 48 YEARS OCC: HOUSEHOLD
     R/O: KANTA LAYOUT, GULBARGA-585102.
02. LALITABAI W/O BHAGAPPA GHATTERGI
     AGE: 44 YEARS OCC: HOUSEHOLD
     R/O: DEVAL GHANGAPUR
     TQ: AFZALPUR - 585 217.
03. CHIDANAND S/O DUNDAPPA TALAWAR
     (SINCE DECEASED) BY HIS LR'S
03A. MAHADEVI W/O CHIDANAND TALAWAR
     AGE: 31 YEARS OCC: HOUSEHOLD
03B. KAVERI D/O CHIDANAND TALAWAR
     AGE: 15 YEARS (MINOR)
03C. MALLIKARJUN S/O CHIDANAND TALAWAR
     AGE: 13 YEARS (MINOR)
03D. SAINATH S/O CHIDANAND TALAWAR
     AGE: 12 YEARS (MINOR)
     (RESPONDENTS 3(B) TO 3(D) ARE
     MINORS AND UNDER GUARDIAN OF THEIR
     NATURAL MOTHER RESPONDENT NO.3(A)
     ALL R/O: BANDEPUR, AGASI, YADGIR-585 202.
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04.   IRAMMA W/O DEVAPPA BAKHAR
      AGE: 66 YEARS OCC: HOUSEHOLD
      R/O: HEROOR (K) TQ; GULBARGA-585 103.

05.   SHAMALABAI W/O PRAKASH
      AGE: 41 YEARS OCC: HOUSEHOLD
      R/O: AT PRESENT IN HEROOR (K)
      TQ & DIST: GULBARGA-585 103.

06.   GUNDAWWA W/O SHANTAPPA JAMADAR
      AGE: 58 YEARS OCC: HOUSEHOLD
      R/O: CHOWDAPUR
      TQ: AFZALPUR DIST: GULBARGA-585 712.
                                  ... RESPONDENTS

(BY SRI. M.A. JAGIRDAR AND SRI. G. B. YADAV,
ADVOCATES FOR R1 AND R2.
R3(C) AND R3(D) ARE MINORS REPRESENTED BY
R3(A)
SRI. G. B. YADAV, ADVOCATE FOR R3(B)
SRIL. PRASHANT M. BIRADAR, ADVOCATE FOR R4
AND R5
SRI. VINOD B. CHAVAN, ADVOCATE FOR PROPOSED
R6(A), R6(D) AND R6 (E)
PROPOSED R6(C) SERVED)

      THIS RSA IS FILED UNDER SECTION 100 OF THE
CODE OF CIVIL PROCEDURE 1908 PRAYING TO CALL FOR
AND EXAMINE THE RECORDS IN O.S.NO.87/2007 OF THE
CIVIL    JUDGE   (JR.   DN)   AT   AFZALPUR    AND
R.A.NO.118/2010 OF THE SENIOR CIVIL JUDGE AFZALPUR
AND ALLOW THE APPEAL BY SETTING ASIDE THE
IMPUGNED JUDGMENT AND DECREE DATED 19.01.2013 IN
R.A.NO.118/2010 AND THE JUDGMENT AND DECREE
DATED 29.07.2010 IN O.S.NO.87/2007 AND DISMISS THE
SUIT OF THE PLAINTIFFS.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
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                       JUDGMENT

The learned counsel for the appellant has filed a

memo dated 08.09.2021 in respect of reporting the death

of the sole appellant who died on 14.05.2021. Despite

expiry of 90 days as provided under the Act, no steps have

been taken to bring the legal representatives of the

appellant on record. Hence, the appeal abates and the

same is dismissed as abated.

Sd/-

JUDGE

KJJ