Shekar S/O Hulagappa Shorapur vs Moulasab S/O Buddesab Bhavimani
2021 Latest Caselaw 2843 Kant

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        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH
      DATED THIS THE 16TH DAY OF JULY, 2021
                        BEFORE
        THE HON'BLE MR.JUSTICE P.N.DESAI
                RSA.NO.200402/2014 (INJ)
BETWEEN:
SHEKAR S/O HULAGAPPA SHORAPUR
AGE: 46 YEARS OCC: CARPENTER
R/O: JANATHA COLONY, JALAHALLI
TQ: DEVADURGA DIST: RAICHUR          ...APPELLANT
(SRI. AJAYA KUMAR A.K., ADVOCATE FOR
SRI. KRUPA SAGAR PATIL, ADVOCATE)
AND:
MOULASAB S/O BUDDESAB BHAVIMANI
AGE: 50 YEARS OCC; AGRICULTURIST,
R/O: JANATHA COLONY, JALAHALLI
TQ: DEVADURGA DIST: RAICHUR-584 109.
                                           ...RESPONDENT

      THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING
TO SET-ASIDE THE JUDGMENT AND DECREE PASSED BY
THE   ADDITIONAL     SENIOR      CIVIL   JUDGE,   RAICHUR
(SITTING   AT    ITINERATE    COURT,     DEVADURGA)    IN
R.A.NO.13/2012 DATED 20.09.2014 IN CONFIRMING THE
JUDGMENT AND DECREE PASSED BY THE CIVIL JUDGE,
DEVADURGA IN O.S.NO.31/2009 DATED 09.04.2012.

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

Sri. Ajaykumar A. K., learned counsel for Sri.

Krupa Sagar Patil, learned counsel for the appellant

stated that sole respondent in this case is died, when

regular appeal itself is pending.

02. Learned counsel for the appellant has filed a

memo in this regard. The said memo is taken on record.

03. It is seen that the suit was filed by the

plaintiff before the Trial Court was only for injunction

which was dismissed. It is evident that against that

judgment, the regular appeal was preferred and the

same is also dismissed.

04. In view of the death of the respondent long

back and the nature of the suit is only for injunction,

the appeal stands dismissed as no cause of action

survives.

The appeal is dismissed.

Sd/-

JUDGE KJJ