Shivalingappa S/O Bhimrao ... vs Singamma S/O Gurulingappa Uppin ...
2022 Latest Caselaw 688 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH
      DATED THIS THE 14TH DAY OF JANUARY, 2021
                        BEFORE
         THE HON'BLE MRS.JUSTICE J.M.KHAZI
                  RSA No.1345/2007
BETWEEN:

SHIVALINGAPPA S/O BHIMRAO YELWANTGIKAR
SINCE DECEASED BY L.RS.

01.    GUNDAMMA W/O SHIVALINGAPPA YELWANTAGIKAR
       (DHUTTARGAON)
       AGE: 64 YEARS
       R/AT MUNIM SANGH,
       GULBARGA-585 101.

02.    SRIDEVI W/O REVANASIDDAPPA NAGOJI
       AGE: 31 YEARS
       C/O: BASALINGAPPA KARBHASAGI
       SHAHABAZAR LOCALITY,
       GULBARGA-585 101.

03.    SIDHARAM S/O SHIVALINGAPPA YELWANTAGIKAR
       (DHUTTARGAON)
       AGE: 32 YEARS
       R/AT: MUNIM SANGH,
       GULBARGA-585 101.

04.    BHIMSHA S/O SHIVALINGAPPA YELWANTAGIKAR
       (DHUTTARGAON)
       AGE: 27 YEARS
       R/AT: MUNIM SANGH,
       GULBARGA-585 101.
                                      ... APPELLANTS

  (BY SRI. RAJESH DODDAMANI, ADVOCATE (ABSENT))
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AND:


SANGAPPA S/O GURALINGAPPA UPPIN
SINCE DECEASED BY LRS.


01.    NINGAMMA W/O SANGAPPA UPPIN
       AGE: 72 YEARS
       R/AT: HARSOOR
       TQ: AND DIST: GULBARGA-585 101.


02.    VIJAYLAXMI W/O SIDDANNA BIRADAR
       AGE: 52 YEARS
       R/AT: SINDAGI DIST: BIJAPUR-586 101.


03.    KANTABAI W/O VEERUPAXAPPA RAYAKA
       AGE: 49 YEARS
       R/AT: SANNUR
       TQ: GULBARGA-585 101.


04.    RAJSHEKAR @ RAJENDRAKUMAR
       S/O: SANGAPPA UPPIN
       AGE: 45 YEARS
       R/AT: HARSOOR VILLAGE
       TQ: AND DIST: GULBARGA-585 101.


05.    RAJESHWARI W/O GURUSHANTAPPA PATIL
       AGE: 42 YEARS
       R/AT: CHITTAPUR
       DIST: GULBARGA - 585 101.


06.    SUMANGALA W/O VISHWANATH ARALI
       AGE: 40 YEARS
       R/AT: NADAVINAHALLI
       TQ: AND DIST: GULBARGA-585 101.
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07.   GURLINGAPPA S/O SANGAPPA UPPIN
      AGE: 57 YEARS
      R/AT: HARSOOR
      TQ: AND DIST: GULBARGA-585 101.


                                         ... RESPONDENTS


(BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE FOR
SRI P. S. MALIPATIL, ADVOCATE FOR RESPONDENTS
NO.1 TO 6.
VIDE ORDER DATED 14.09.2021 APPEAL AGAINST THE
RESPONDENTS NO.1 AND 7 STAND DISMISSED AS
ABATED)



      THIS   REGULAR   SECOND   APPEAL   IS   FILED   UNDER

SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO SET-

ASIDE THE JUDGMENT AND DECREE PASSED BY THE I ADDL.

CIVIL JUDGE (SR. DN) GULBARGA PASSEDIN R.A.NO.142 OF

2006 DATED 18.01.2007 AND CONFIRM THE JUDGMENT AND

DECREE PASSED BY THE II ADDITIONAL ADDL. CIVIL JUDGE

(JR. DN) GULBARGA DATED 07.07.2006 PASSED IN O.S.NO.56

OF 2000 BY ALLOWING THE APPEAL.



      THIS APPEAL COMING ON FOR FINAL HEARING THIS

DAY, THE COURT DELIVERED THE FOLLOWING:-
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                        JUDGMENT

No representation for the appellants.

02. On 20.06.2019, a submission was made on

behalf of the appellants that some of the respondents have

died and steps are required to be taken. However, no

steps were taken. Ultimately, on 21.06.2021 the appeal

against the respondents No.1 and 7 was dismissed. In fact,

in the order dated 14.09.20221 it was observed that by

operation of law, the appeal against the respondents No.1

and 7 is abated. Even after the same, there is no

representation for the appellant.

03. It appears that the appellants are not

interested in prosecuting the appeal. Therefore, the appeal

is dismissed for non-prosecution.

Sd/-

JUDGE KJJ