Sri.Lakkappa S/O. Bhujabali ... vs Smt.Padmavati W/O. Lakkappa ...
2022 Latest Caselaw 1240 Kant

               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

           DATED THIS THE 27TH DAY OF JANUARY 2022

                            BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                   RSA.NO.100105/2019 (PAR)
BETWEEN

SRI.LAKKAPPA S/O. BHUJABALI YALAGUDDA
AGE:59 YEARS,
OCC:AGRICULTURE,
R/O. TERDAL-587301,
TAL:JAMKHANDI,
DIST:BAGALKOT.
                                                ... APPELLANT

(BY SRI.RAVI S.BALIKAI, ADV.)


AND

1.    SMT.PADMAVATI W/O. LAKKAPPA YALAGUDDA
      AGE:42 YEARS,
      OCC:HOUSEHOLD WORK,
      R/O. TERDAL,
      TAL:JAMKHANDI,
      NOW RESIDING AT ZUNJARWAD-591304,
      TAL:AHTNAI,
      DIST:BELAGAVI.

2.    KUMARI SANGEETA D/O. LAKKAPPA YALAGUDDA
      AGE:24 YEARS,
      OCC:HOUSEHOLD WORK,
      R/O. TERDAL,
      TAL:JAMKHANDI,
      NOW RESIDING AT ZUNJARWAD-591304,
      TAL:AHTNAI,
      DIST:BELAGAVI.
                               2




3.   SHANTINATH
     S/O. LAKKAPPA YALAGUDDA
     AGE:21 YEARS,
     OCC:AGRICULTURE,
     R/O. TERDAL,
     TAL:JAMKHANDI,
     NOW RESIDING AT ZUNJARWAD-591304,
     TAL:AHTNAI,
     DIST:BELAGAVI.

4.   SRI MAYAPPA
     S/O. SHIVAPPA JOGI
     AGE:MAJOR,
     OCC:AGRICULTURE,
     R/O. TERDAL,
     TAL:JAMKHANDI,
     DIST:BAGALKOT.

5.   SRI BASAPPA
     S/O. GANGADHAR HUKKERI
     AGE:57 YEARS,
     OCC:AGRICULTURE,
     R/O. TERDAL,
     TAL:JAMKHANDI,
     DIST:BAGALKOT.
                                            ... RESPONDENTS


     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.08.2018
PASSED IN R.A.NO.88/2012 ON THE FILE OF THE JUDGMENT AND
DECREE DATED 31.07.2012 PASSED IN O.S.NO.52/2004 ON THE FILE
OF THE PRL.SENIOR CIVIL JUDGE, JAMKHANDI AND SUIT OF THE
PLAINITFFS BE DISMISSED AND THIS APPAL BE ALLOWED WITH
COSTS.


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




                          JUDGMENT

Learned counsel for the appellant submits that sole

appellant died a year back.

His submission is taken on record.

Accordingly, the appeal is dismissed as abated.

Sd/-

JUDGE MBS/-