Shri Shivappa Shankar Jagajampi vs Shri Chanaveer Shankar Jagajampi
2022 Latest Caselaw 2699 Kant

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

       DATED THIS THE 13TH DAY OF MARCH 2015

                        BEFORE

  THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA

              R.S.A. No.5417/2010 (PAR)
BETWEEN:

SHRI SHIVAPPA SHANKAR JAGAJAMPI,
AGE: 50 YEARS, OCC.: AGRICULTURE,
R/O BASAPUR-591 122, TALUKA:HUKERI, DIST.: BELGAUM.
                                        -     APPELLANT
(BY SRI. M.G. NAGANURI, S.P. PATIL AND
S.V. DESHPANDE, ADVOCATES)

AND:

SHRI CHANAVEER SHANKAR JAGAJAMPI,
AGE: 55 YEARS, OCC.: SERVICE,
R/O 'BASAV KRUPA', 44/170,
1ST MAIN, 2ND CROSS, K.R. NAGAR,
HARIHAR-577 601, DIST.:DAVANAGERE.
                                       -    RESPONDENT
(BY SRI. SANGRAM S. KULKARNI, M.S. DESAI
AND D.V. AMARNATH, ADVOCATES)

      THIS APPEAL IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 04.03.2010
PASSED IN R.A. NO. 145/2007 ON THE FILE OF THE VI ADDL.
DISTRICT JUDGE, BELGAUM, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT DATED 25.08.2007 AND THE DECREE
PASSED IN O.S. NO. 13/2003 ON THE FILE OF THE CIVIL JUDGE
(SR. DN.), HUKKERI, PARTLY DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION & ETC.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                             2




                       JUDGMENT

In this appeal a memo is filed on 20.03.2014

reporting death of sole respondent on 11.01.2012.

Thereafter, inspite sufficient time being granted, steps

are not taken to bring on record the LRs of deceased

sole respondent. Therefore, the appeal as against the

sole respondent is abated. In view of the appeal as

against the sole respondent abated nothing survives

for consideration in this appeal.

In the meanwhile a memo is filed by the learned

counsel Sri M.G. Naganuri, appearing for the appellant

seeking permission of the Court to retire from the

case. Since the appeal itself is abated question of

considering his prayer in the memo for retirement

does not arise.

Sd/-

JUDGE BVV