Shantappa S/O Sharanappa ... vs Bhimayya Since Deceased By Lrs And ...
2021 Latest Caselaw 7085 Kant

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         IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 22ND DAY OF DECEMBER, 2021

                       BEFORE

        THE HON'BLE MR.JUSTICE M.G.S.KAMAL

                RSA No.200186/2014

BETWEEN

SHANTAPPA
S/O SHARAHNAPPA DEVARAYA
AGE: 72 YEARS, OCC: AGRICULTURE,
R/O HUDAGI, TQ. HUMNABAD,
DIST. BIDAR.
                                         ...APPELLANT

(BY SRI SACHIN M MAHAJAN, ADVOCATE)

AND

1.     BHIMAYYA SINCE DECEASED BY LRS.

A.     TIMMAWWA W/O YALLAPPA WADDER
       AGE: 65 YEARS,

B.     CHANDRAPPA S/O BHIMAYYA
       AGE: 50 YEARS,

2.     NAGAWWA W/O LATE HANMANTH
       AGE: 63 YEARS,

3.     GURAWWA W/O TIPPANNA
       D/O TIMMAYYA, AGE: 50 YEARS,
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4.   KASHINATHRAO, SINCE DEEASED BY LRS.

A.   MAHANTABAI W/O KASHINATHRAO PATIL
     AGE: 66 YEARS,

B.   RAJASHEKHAR S/O KASHINATHRAO PATIL
     AGE: 46 YEARS,

C.   MALLIKARJUN S/O KASHINATHRAO PATIL,
     AGE: 41 YEARS,

D.   ASHOKKUMAR S/O KASHINATHRAO PATIL
     AGE: 36 YEARS,

E.   ARUNADEVI D/O KASHINATHRAO PATIL
     AGE: 51 YEARS

F.   SUMA D/O KASINATHRAO PATIL
     AGE: 39 YEARS,

G.   JAGADEVI D/O KASHINATHRAO PATIL
     AGE: 26 YEARS,

H.   NANDA S/O KASHINATHRAO PATIL
     AGE: 23 YEARS,

5.   ANNARAO s/O SHARANAPPA POLICE PATIL
     AGE: 52 YEARS,

     ALL ARE RESIDIG AT VILLAGE HUDGI,
     TQ: HUMNABAD,
     DIST. BIDAR - 585401.

                                      ...RESPONDENTS

(BY SRI RAVI B PATIL ADVOCATE, FOR R-2, R-4 (A), R-4
(D), R-4 (H), R-5 & 4-6)
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     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC
PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE
JUDGENT AD DECREE DATED 25.09.2006 PASSED BY THE
LEARED PRL. CIVIL JUGE (JR.DN)    AT HUMNABAD IN
O.S.NO.3/1997 AND THE JUDGENT AND DECREE DATED
11.12.2103 PASSED BY THE SENIOR CIVIL JUDGE,
HUMNABAD IN R.A.NO.80/2006 (OLD) R.A.NO.89/2011
(NEW)    AND     DECREE    THE    SUIT   OF    THE
PLAINTIFF/APPELLANT BY ALLOWING THE APPEAL.

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

                       JUDGMENT

Learned counsel for the appellant submits that the

sole appellant in this matter died on 20/11/2020, no steps

have been taken to bring the appellant on record.

The said submission is placed on record.

Accordingly, the appeal is dismissed as abated.

Sd/-

JUDGE

mkm