Sadashiv Ramappa Wadeyar vs Ramappa Parappa Terdal Since ...
2022 Latest Caselaw 1451 Kant

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 1ST DAY OF FEBRUARY 2022

                          BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

        REGULAR SECOND APPEAL NO.5791 OF 2012 (S.P.)

BETWEEN
SADASHIV RAMAPPA WADEYAR,
S/O RAMAPPA WADEYAR,
AGED ABOUT: 64 YEARS,
OCC: AGRICULTURE,
R/O: YALPARATTI, TQ: RAIBAG,
DIST: BELGAUM -591317
                                               ...APPELLANT
(BY SRI. RAJASHEKHAR BURJI, ADVOCATE)

AND
      RAMAPPA PARAPPA TERDAL
      SINCE DECEASED BY LRS,

1.    PARWATI W/O BALAPPA BADAKAMBI,
      AGED ABOUT:40 YEARS,
      OCC:HOUSE HOLD WORK
      R/O: KESARI, TQ: ATHANI,
      DIST: BELGAUM-591304.

2.    SHANTAWWA
      W/O GIRIMALLA YADAVANNAVAR,
      AGE: 39 YEARS,
      OCC: HOUSEHOLD WORK,
      R/O: MUGALAKHOT, TQ: ATHANI,
      DIST: BAGALKOT-591235.

3.    BASAVVA W/O RAMESH IRALI,
      AGE: 37 YEARS,
      OCC: HOUSEHOLD WORK,
      R/O: ANANTPUR,
                              2




     NOW AT YALPARATTI, TQ: RAIBAG,
     DIST: BELGAUM-591317

4.   KASHAVVA W/O APPANNA IRALI,
     AGE: 36 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: ANANTPUR,
     NOW AT YALPARATTI,
     TQ: ATHANI, DIST: BELGAUM-591212.

5.   SATTEWWA W/O SAVANT BADAKAMBI,
     AGE: 35 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: ANANTPUR,
     TQ: ATHANI, DIST: BELGAUM-591212.

6.   YALLAWWA W/O SAVANT BADAKAMBI,
     AGE: 34 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: ATHANI, TQ: ATHANI,
     DIST: BELGAUM-591304.

7.   PREMA D/O RAMAPPA TERDAL,
     AGE:33 YEARS,
     OCC:HOUSEHOLD WORK AND AGRICULTURE,
     R/O: YALPARATTI,
     TQ: RAIBAG, DIST: BELGAUM-591317.

8.   PARAPPA RAMAPPA TERDAL,
     S/O RAMAPPA TERDAL,
     AGED ABOUT: 37 YEARS,
     OCC: AGRICULTURE,
     R/O: YALPARATTI, TQ: RAIBAG,
     DIST: BELGAUM-591317.
                                           ...RESPONDENTS
(BY SRI. ANIL KALE, ADVOCATE FOR R1-R8)

      THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 26.11.2011 PASSED IN
R.A.NO.170/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT-I, CHIKODI, ALLOWING THE APPEAL BY SETTING
ASIDE THE JUDGMENT AND DECREE DATED 30.03.2011 PASSED IN
O.S.NO.99/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE,
                                   3




RAIBAG, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE
OF CONTRACT.

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


                           JUDGMENT

The learned counsel for appellant submits that the

sole appellant has died on 06.04.2021. Therefore,

abatement is already taken place. Hence, the appeal

stands dismissed as abated since no applications to bring

the legal heirs of deceased sole appellant on record are

filed.

Sd/-

JUDGE YAN