Sri.Ishwar @ Ishwarappa S/O. ... vs Sri.Ramappa S/O. Tammanna ...
2022 Latest Caselaw 9623 Kant

                            -1-




                                    RSA No. 100022 of 2019




IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 24TH DAY OF JUNE, 2022

                          BEFORE
         THE HON'BLE MR JUSTICE E.S.INDIRESH
 REGULAR SECOND APPEAL NO. 100022 OF 2019 (DEC-)

BETWEEN:


     SRI. ISHWAR @ ISHWARAPPA S/O. BHIMAPPA
     CHOURADDI, AGE:33 YEARS,
     OCC:AGRICULTURE,
     R/O. HALE-YARAGUDRI-591136,
     TAL:GOKAK, DIST:BELAGAVI.



                                               ...APPELLANT
(BY SRI. R M KULKARNI .,ADVOCATE)
AND:


1.   SRI. RAMAPPA S/O. TAMMANNA CHOURADDI
     AGE:58 YEARS, OCC:AGRICULTURE,
     R/O. HALE-YARAGUDRI-591136,
     TAL:GOKAK, DIST:BELAGAVI.

2.   SMT. KASHAWWA W/O. HANAMAPPA CHOURADDI
     AGE:53 YEARS, OCC:AGRICULTURE,
     R/O. HALE-YARAGUDRI-591136,
     TAL:GOKAK, DIST:BELAGAVI.

3.   SRI TAMMANNA S/O. HANAMAPPA CHOURADDI
     AGE:26 YEARS, OCC:AGRICULTURE,
     R/O. HALE-YARAGUDRI-591136,
     TAL:GOKAK, DIST:BELAGAVI.

4.   SMT. MEENAXI W/O. MALLAPPA CHORADDI
     AGE:58 YEARS, OCC:HOUSEHOLD WORK,
     R/O. HALE-YARAGUDRI-591136,
                              -2-




                                     RSA No. 100022 of 2019


      TAL:GOKAK, DIST:BELAGAVI.

                                               ...RESPONDENTS
      THIS RSA IS FILED U/SEC.100 OF CPC, 1908, AGAINST THE
JUDGEMENT     &  DECREE    DATED   14.09.2018   PASSED   IN
R.A.NO.16/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DTD:28.01.2015, PASSED IN O.S. NO.173/2011 ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE, MUDHOL, DISMISSING THE
SUIT FILED FOR DECLARATION AND INJUNCTION.
     THIS APPEAL COMING ON FOR ORDER THIS DAY. THE COURT
MADE/DELIVERED THE FOLLOWING.


                           ORDER

Learned counsel for the appellant submitted that, the

sole appellant is no more.

Accepting the memo dated 24.06.2022, the appeal

abates and accordingly, disposed of.

Sd/-

JUDGE

SVH