Shankarappa S/O. Veerappa ... vs B S Narayan Rao
2022 Latest Caselaw 134 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 04TH DAY OF JANUARY 2022

                            BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

      REGULAR SECOND APPEAL NO.5424/2012 (DEC)

BETWEEN

SHANKAR S/O VEERAPPA HOSAMANI,
AGE : 68 YEARS, OCCUPATION : RTD. TEACHER,
RESIDING AT 1ST MAIN, RAJATGIRI,
DHARWAD-580004.
                                               ... APPELLANT
(BY SMT.P.R.BENTUR, ADV.)

AND

B.S.NARAYAN RAO,
AGE : 80 YEARS, OCCUPATION : PENSIONER,
RESIDING AT 1ST MAIN, RAJATGIRI,
DHARWAD-580004.
                                             ... RESPONDENT
(BY SRI M.B.KANAVI ADV.

      THIS APPEAL IS FILED UNDER SECTION 100 OF THE CODE
OF CIVIL PROCEDURE, PRAYING THIS COURT SET ASIDE THE
JUDGMENT AND DECREE PASSED BY THE III ADDITIONAL CIVIL
JUDGE, SENIOR DIVISION, DHARWAD IN R.A.NO.114/2007 DATED
14.03.2012 REVERSING THE JUDGMENT AND DECREE PASSED BY
THE I ADDITIONAL CIVIL JUDGE, JR.DIVISION, DHARWAD IN
O.S.NO.325/2005 DATED 30.10.2007 AND DISMISS THE SUIT OF
THE PLAINTIFF IN THE INTEREST OF JUSTICE.

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




                     : JUDGMENT :

On 05.02.2019, learned counsel appearing for the

appellant submitted to this Court that the sole appellant

has died.

On perusal of the said order sheet, this Court would

find that the abatement has already taken place.

Therefore, the appeal is dismissed as abated.

Sd/-

JUDGE EM