Ninganagoudahuttanagoudar vs Tammanagouda S/O Danappagouda ...
2022 Latest Caselaw 562 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH
      DATED THIS THE 12TH DAY OF JANUARY 2022
                        BEFORE
 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
                R.S.A.NO.27/2007 (DEC)

BETWEEN

NINGANAGOUDA S/O GAMANAGOUDA HUTTANAGOUDAR,
AGE : ABOUT 50 YEARS,
R/O HIEMALLUR, SHIGGAON TALULA,
HAVERI DISTRICT-581205.

BY GPA HOLDER V.V.MULIMANI,
AGE : 30 YEARS, R/O HIREMALLUR,
TQ: SHIGGAON.
                                             ... APPELLANT
(BY   SRI V.M.HIREMATH, SRI SHIVANANDA D.S.,
      SRI NEELAKANTA R.M. ADV. FOR GPA HOLDER.)

AND

TAMMANAGOUDA S/O DANAPPAGOUDA HUTTANAGOUDAR,
AGED ABOUT 55 YEARS, SHIGGAON TALUK,
HAVERI DISTRICT-581205.
                                     ... RESPONDENTS

(BY   SRI RAVI N.CHIKKARADDER, SRI G.S.HIREMATH, FOR
C/R
     SRI MADANMOHAN M.KHANNUR, SRI M.A.YAMANUR
     SRI D.B.KARIKAR AND SRI P.K.SANNINGAMMANAVAR
ADVTS.)

      THIS APPEAL IS FILED UNDER SECTION 100 OF THE
CODE OF CIVIL PROCEDURE, 1908, PRAYING THIS COURT TO
SET ASIDE THE JUDGMENT AND DECREE DATED 09.10.2006
PASSED    BY   THE FAST TRACK     COURT,   HAVERI IN
R.A.NO.50/2006 AND CONSEQUENTLY SET ASIDE THE
JUDGMENT AND DECREE DATED 29.03.2005 PASSED BY CIVIL
JUDE (JR.DN.), SHIGGAON IN O.S.NO.156/1999 AND ALLOW
THE APPEAL WITH COST IN THE INTEREST OF JUSTICE AND
EQUITY.
                              2




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

                     : JUDGMENT :

Sole respondent has died on 05.10.2012. No

applications filed are filed till this day. Hence, appeal is

dismissed as abated.

Sd/-

JUDGE EM