Mogalamma W/O Ashappa vs Chandrayya S/O Bhimayya Eliger
2022 Latest Caselaw 8228 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

        DATED THIS THE 06TH DAY OF JUNE 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

         REGULAR SECOND APPEAL No.7303/2009

BETWEEN:

1.     Mogalamma W/o Ashappa,
       Aged about 51 years,
       Occ: Agriculture,

2.     Devamma W/o Ashappa,
       Aged about 58 years,
       Occ: Agriculture,

3.     Anjayya S/o Ashappa,
       Aged about 35 years,
       Occ: Agriculture,

4.     Bhimappa S/o Ashappa,
       Aged about 33 years,
       Occ: Agriculture,

       All R/o Village Dugnoor,
       Tq: Sedam-585 222, Dist: Gulbarga.
                                              ... Appellants

(By Sri. Shivaraj Appaji, Adv. for A2,
    Sri. Veeranagouda Malipatil, Adv. for A1, A3 & A4)
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AND:

Chandrayya S/o Bhimayya Eliger,
Aged about 56 years,
Occ: Agriculture,
R/o Village Dugnoor,
Tq: Sedam-585 222,
Dist: Gulbarga.
                                             ... Respondent

(By Sri. B.D. Hangarki, Advocate)

      This Regular Second Appeal is filed under Section
100 of CPC, praying to set aside the judgment and decree
dated 23.07.2009 passed in R.A.No.98/2006 by the
IV Addl. District Judge, Gulbarga and confirm the judgment
and decree dated 10.07.2006 passed in O.S.No.168/2002
by the Civil Judge (Sr.Dn.), Sedam by allowing the above
appeal and consequently dismiss the suit of the plaintiff.

      This RSA coming on for orders this day, the Court
delivered the following:

                        JUDGMENT

The sole respondent is reported to be dead. The said

submission was made on 21.01.2022 and even inspite of

lapse of five months, no steps were taken. Hence, the

appeal stands abated.

Sd/-

JUDGE LG