P S Akkanagowda S/O Late Sri Patel ... vs Sri P S Veerana Gowda
2022 Latest Caselaw 3604 Kant

                         1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 3RD DAY OF MARCH, 2022

                       BEFORE

        THE HON'BLE MR.JUSTICE M.G.S.KAMAL

             RFA NO.2532 OF 2006 (PAR)

BETWEEN:

P.S.AKKANAGOWDA
S/O LATE SRI PATEL SHARANAPPA
AGED ABOUT 63 YEARS
RETIRED LECTURER
R/O GIRIJA NIVASA
NEAR BUS STAND
RAMPURA AT AND POST
MOLAKALMURU TALUK
CHITRADURGA DISTRICT - 577501
KARNATAKA
                                      ...   APPELLANT

(BY SRI.B.R.GURUPRASAD, ADVOCATE)

AND:

1.     SRI P.S.VEERANA GOWDA
       S/O LATE SRI PATEL SHARANAPPA
       AGED ABOUT 59 YEARS
       PROPRIETOR OF GANESH FLOOR MILLS
       AGRICULTURIST
       R/O BYRAPURA
       MOLAKALMURU TALUK
       CHITRADURGA DISTRICT
                          2


2.   SRI P.S.THIPPESWAMY
     S/O LATE SRI PATEL SHARANAPPA
     AGED ABOUT 55 YEARS
     VILLAGE ACCOUNTANT
     R/O BYRAPURA
     MOLAKALMURU TALUK
     CHITRADURGA DISTRICT

3.   SRI P.S.BASAVARAJ
     S/O LATE SRI PATEL SHARANAPPA
     AGED ABOUT 53 YEARS
     AGRICULTURIST
     R/O BYRAPURA VILLAGE
     MOLAKALMURU TALUK
     CHITRADURGA DISTRICT - 577501

4.   SRI P.V.MARIDEV
     S/O LATE P.S.VIRUPAKSHAPPA
     SINCE DEAD BY HIS LRS

     (A)   M.MOHAN KUMAR
           S/O LATE P.V.MARIDEV
           AGED ABOUT 19 YEARS
           SECURITY GUARD
           TELEPHONE EXCHANGE
           RAMPURA VILLAGE
           MOLAKALMURU TALUK
           CHITRADURGA DISTRICT - 577501

     (B)   G.M.VIRUPAKSHA
           S/O LATE P.V.MARIDEV
           AGED ABOUT 13 YEARS

     (C)   G.M.ANITHA
           D/O LATE P.V.MARIDEV
           AGED ABOUT 10 YEARS
                        3


         LR NOS.(B) AND (C) ARE MINORS
         AND REPRESENTED BY THEIR
         NEXT FRIEND ELDER
         BROTHER LR.NO.(A)
         AND R/O RAMPURA VILLAGE
         MOLAKALMURU TALUK
         CHITRADURGA DISTRICT - 577501

5.   SMT. P.V.SAROJA
     D/O LATE P.S.VIRUPAKSHAPPA
     W/O SHANBOGARA SHIVANNA
     AGED ABOUT 33 YEARS
     HOUSEHOLD
     R/O THENGINA GOWRASAMUDRA
     MOLAKALMURU TALUK
     CHITRADURGA DISTRICT

6.   SMT. P.V.BHAGYAMMA
     D/O LATE P.S.VIRUPAKSHAPPA
     W/O SRI AGAREGOWDARA MARISWAMY
     AGED ABOUT 28 YEARS
     HOUSE HOLD
     R/O KAPPAGAL AT AND POST
     BELLARY TALUK AND DISTRICT

7.   SRI P.V.RAJANNA
     S/O LATE P.S.VIRUPAKSHAPPA
     AGED ABOUT 26 YEARS
     AGRICULTURIST
     R/O BYRAPURA VILLAGE
     AT AND POST MOLAKALMURU TALUK
     CHITRADURGA DISTRICT - 577501

8.   SMT.GANGAMMA
     W/O LATE H.VEERABHADRAPPA
     AGED ABOUT 68 YEARS
     R/AT KELAGOTE
     NEAR AKASHAVANI CENTRE
                            4


     CHITRADURGA
     CHITRADURGA DISTRICT - 577501

9.   SMT.YASHODAMMA
     W/O BASAVARAJA
     AGED ABOUT 45 YEARS
     R/O GODASALAHALLI
     RAYADURGA TALUK
     ANANTHPUR DISTRICT
     ANDHRA PRADESH STATE
                                       ... RESPONDENTS

(BY SRI.B.M.SIDDAPPA, ADVOCATE FOR R.1 TO R.3;
SRI.LAKSHMINARAYAN, ADVOCATE FOR R.5;
SRI.G.NATARAJ, ADVOCATE FOR R.8 AND R.9;
R.4(A TO C), R.6 AND R.7 - SERVED AND
UNREPRESENTED)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 07.10.2006
PASSED IN O.S.NO.121/2003 ON THE FILE OF THE CIVIL
JUDGE (SR.DN.) CHALLAKERE, DISMISSING THE SUIT FOR
DECLARATION, PARTITION AND POSSESSION.

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


                     JUDGMENT

Learned counsel appearing for the appellant has filed

a memo dated 10.02.2022 stating that the sole appellant

died on 24.01.2016 and as such, this appeal stands

abated.

2. The said memo is taken on record.

3. In view of the above said memo, this appeal

stands abated.

Sd/-

JUDGE

NBM