Doddadasappa S/O Venkatappa vs Venkatappa @ Venkatesh
2022 Latest Caselaw 2477 Kant

                              1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF FEBRUARY, 2022

                         BEFORE

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

              R.S.A.No.3474/2006(PAR)

BETWEEN:

       DODDADASAPPA,
       S/O VENKATAPPA,
       BY HIS LRs.,

       RANGAMMA,
       W/O DODDADASAPPA,
       SINCE DEAD BY HER LRs.,

1.     DODDAIAH, AGED ABOUT 50 YEARS,

2.     VENKATAPPA,
       AGED ABOUT 45 YEARS,

       BOTH ARE SONS OF LATE DODDADASAPPA
       AND LATE RANGAMMA,
       BOTH ARE RESIDING AT KASABA HOBLI,
       TUMKUR TALUK - 572 102.      ... APPELLANTS

(BY SRI. K.SHANTHARAJ, ADV.)

AND:

1.     VENKATAPPA @ VENKATESH,
       S/O DODDADASAPPA,
       AGED ABOUT 52 YEARS,
       R/AT BHEEMASANDRA VILLAGE,
       KASABA HOBLI, TUMKUR TALUK - 572 102.
                           2



2.   KEMPAKKA,
     AGED ABOUT 75 YEARS,
     WIDOW OF DODDADASAPPA,
     RESIDING AT BHEEMASANDRA VILLAGE,
     TUMKUR TALUK,
     NOW RESIDING AT KUPPUR VILLAGE,
     C.N.HALLI TALUK - 572 102.

3.   GANGAIAH,
     AGED ABOUT 36 YEARS,
     S/O LATE DODDADASAPPA,
     RESIDING AT BHEEMASANDRA VILLAGE,
     KASABA HOBLI,
     TUMKUR TALUK - 572 102.

     AS PER COURT ORDER DATED 12.03.2015
     R-3 DELETED.                 ... RESPONDENTS

(BY SRI. D.L.SURESH, ADV., FOR R-1 & R-2;
 APPEAL ABATES AS AGAINST R-1 & R-2, VIDE ORDER
 DATED:30.10.2019;
 R-3 DELETED, VIDE ORDER DATED:12.03.2015)


     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED:21.06.2006
PASSED IN R.A.No.384/2005(OLD No.111/2000) ON THE
FILE FO THE PRESIDING OFFICER, FAST TRACK COURT
No.IV, TUMKUR, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED:08.06.2000 PASSED IN
O.S.No.36/1994 ON THE FILE OF THE IST ADDITIONAL CIVIL
JUDGE (JR.DN) & JMFC, TUMKUR.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                   3



                           JUDGMENT

1. By the order dated 30.10.2019, this Court taking note

of the death certificate produced in respect of death of

respondents 1 and 2 has held that the appeal as against

respondents 1 and 2 stood abated.

2. Since no steps have been taken and the only

respondents in this appeal are respondents 1 and 2, this

appeal does not survive for consideration and the same is

accordingly dismissed.

Sd/-

JUDGE

PKS