Basappa S/O Channappa ... vs Balappa S/O Basappa Pujar
2021 Latest Caselaw 1672 Kant

                           :1:


            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

         DATED THIS THE 1ST DAY OF MARCH 2021

                         BEFORE

     THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO


               R.S.A. No.2462/2006 C/W
         R.S.A.No.2460/2006 (Specific Performance)

BETWEEN

BASAPPA S/O CHANNAPPA KALAVEERAPPANAVAR
SINCE DECEASED BY HIS LRS

1.    SMT.YALLAVVA
      W/O BASAPPA KALAVEERAPPANAR,
      AGE: 55 YEARS, OCC: COOLIE AND HOUSEHOLD,
      R/AT YANNIHOSALLI, TQ: RANEBENNUR,
      DIST: HAVERI.

2.    CHANDRAPPA
      S/O BASAPPA KALAVEERAPPANAVAR
      AGE: 36 YEARS, OCC: COOLIE,

3.    SURESH
      S/O BASAPPA KALAVEERAPPANAVAR,
      AGE: 32 YEARS, OCC: COOLIE,

4.    ASHOK
      S/O BASAPPA KALAVEERAPPANAVAR,
      AGE: 29 YEARS, OCC: COOLIE,

5.    SUBHASH
      S/O CHANNAPPA KALAVEERAPPANAVAR,
      AGE: 58 YEARS, OCC: AGRICULTURE

ALL ARE R/AT YANNIHOSALLI, TQ: RANEBENNUR,
                             :2:


DIST: HAVERI.
                                    ..... COMMON APPELLANTS
(BY SRI F V PATIL, ADV. & SRI: K.V.HIREMATH, ADV.)


AND

BALAPPA S/O BASAPPA PUJAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O YANNIHOSALLI, TQ: RANEBENNUR,
DIST: HAVERI
                               ..... COMMON RESPONDENT
(SERVICE OF NOTICE IS HELD SUFFICIENT IN RSA No.2462/2006
SRI K.S. PATIL, ADV. FOR RESPONDENT IN RSA NO.2460/2006)

      RSA No.2462/2006 IS FILED U/S 100 OF CPC AGAINST
THE JUDGEMENT AND DECREE DT.22.06.2006 PASSED IN
R.A.NO.25/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
AND PRL.JMFC., RANEBENNUR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DT.28.01.2003
PASSED IN O.S.NO.162/1996 ON THE FILE OF THE PRL.CIVIL
JUDGE (JR.DN.) AND I ADDL.JMFC., RANEBENNUR.

      RSA No.2460/2006 IS FILED U/S 100 OF CPC AGAINST
THE JUDGEMENT AND DECREE DT.22.06.2006 PASSED IN
R.A.NO.24/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
AND PRL.JMFC., RANEBENNUR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DT.28.01.2003
PASSED IN O.S.NO.60/1997 ON THE FILE OF THE PRL.CIVIL
JUDGE (JR.DN.) AND I ADDL.JMFC., RANEBENNUR.

     THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Sri K.L. Patil, learned counsel for sole respondent

has filed a memo reporting the death of sole respondent.

2. Memo is placed on record.

3. The appeals are dismissed as abated.

Sd/-

JUDGE

Naa