Rukmavva W/O. Nagappa Salunke, vs Basavaraj S/O. Gopal Kadam,
2021 Latest Caselaw 618 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 11 T H DAY OF JANUARY, 2021

                       PRESENT

  THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                         AND

          THE HON'BLE MR.JUSTICE P.N.DESAI

           RFA NO.4027 OF 2013 (PAR/POS)

BETWEEN

1. RUKMAVVA W/O. NAGAPPA SALUNKE,
AGED ABOUT: 49 YEARS,
OCC: HOUSEHOLD WORK AND
AGRICULTURE,R/AT: AMARGOL,
TQ: NAVLGUND-582207,DIST: DHARWAD.

2. GIRIJA W/O. MARUTI SINDHE,
AGED ABOUT: 47 YEARS,
OCC: HOUSEHOLD WORK,
R/AT: HAGGADEVARA ONI,
SAUNDATTI - 591126,DIST: BELGAUM.

3. KAMALAWWA W/O. ASHOK SINDHE,
AGED ABOUT: 41 YEARS,OCC: HOUSEHOLD WORK,
R/AT: HAGGADEVARA ONI,SAUNDATTI - 591126,
DIST: BELGAUM.

                                        ...APPELLANTS
(BY SRI. PRAKASH ANDANIMATH, ADV.)

AND

1 . BASAVARAJ S/O. GOPAL KADAM,
                         :2:


AGED ABOUT: 52 YEARS,OCC: AGRICULTURE,
R/AT: NEAR ALURMATH,MUNAVALLI - 591 117,
TQ: SAUNDATTI,DIST: BELGAUM.

2 . YAMANAWWA W/O. APPANNA KADAM,
AGED ABOUT: 38 YEARS,OCC: AGRICULTURE,
R/AT: NEAR ALURMATH,MUNAVALLI - 591 117,
TQ: SAUNDATTI,DIST: BELGAUM.

3 . REKHA W/O PUNDALIK JAGADALE,
AGED ABOUT: 19 YEARS,OCC: HOUSEHOLD WORK,
R/AT: NAVALUR,TQ and DIST: DHARWAD.

4 . VIDYA D/O APPANNA KADAM,
AGED ABOUT: 12 YEARS,OCC: STUDENT,
R/AT: MUNAVALLI - 591117,TQ: SAUNDATTI,
DIST: BELGAUM.

(MINOR REPTD., BY MINOR
GUARDIAN NATURAL MOTHER
RESPONDENT NO.2)

5 . SAMBAJI S/O. APPANNA KADAM,
AGED ABOUT: 10 YEARS,
OCC: STUDENT,R/AT: MUNAVALLI - 591 117,
TQ: SAUNDATTI,DIST: BELGAUM.

(MINOR REPTD., BY MINOR
GUARDIAN NATURAL MOTHER
RESPONDENT NO.2)

6 . SHIVAJI S/O. APPANNA KADAM,
AGED ABOUT: 10 YEARS,OCC: STUDENT,
R/AT: MUNAVALLI - 591 117,
TQ: SAUNDATTI,DIST: BELGAUM.

(MINOR REPTD., BY MINOR
GUARDIAN NATURAL MOTHER
RESPONDENT NO.2)
                                     ...RESPONDENTS
                                    :3:




(BY SRI. M KUSUMAKAR, ADV. FOR C/R1;
     `SRI. M.M.KHANNUR, ADV. FOR R2 AND R3;
          R4-6 ARE MINORS R/BY R2)

     THIS APPEAL IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 05.02.2013
PASSED IN O.S.No.09/2010 ON THE FILE OF THE SENIOR
CIVIL JUDGE, SAUNDATTI, DISMISSING THE SUIT FILED
FOR    DECLARATION,    PARTITION   AND    SEPARATE
POSSESSION.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
SREENIVAS   HARISH   KUMAR  J.,   PASSED   THE
FOLLOWING:

                                  ORDER

Order dated 19.04.2017 clearly shows that the

appeal so for as appellant No.1 is concerned stood abated.

Therefore, it need not be shown again and again in the

cause list.

2. So for as respondent No.1 is concerned, order

dated 22.10.2019 shows that respondent No.1 died three

years ago and for this reason, appeal stood abated

against respondent No.1 also.

3. In view of abatement of appeal against respondent

No.1, since this appeal arises out of a suit for declaration,

partition and separate possession and that legal

representatives of respondent No.1 have not been

impleaded at all, the absence of one of the necessary

parties results in abatement of entire appeal. Hence,

appeal is dismissed as abated.

Sd/-

JUDGE

Sd/-

JUDGE