The City Municipal Council ... vs State Of Karnataka
2022 Latest Caselaw 4836 Kant

         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

      DATED THIS THE 15TH DAY OF MARCH 2022

                         BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

               R. S. A. NO.1362 OF 2008

BETWEEN:

THE CITY MUNICIPAL COUNCIL, BIJAPUR
BY ITS COMMISSIONER, BIJAPUR - 586 101,
KARNATAKA STATE
                                                ...APPELLANT
(BY SRI. P S MALIPATIL & SRI. N. B. NARAYANA, ADVS.)

AND

1.    STATE OF KARNATAKA
      REPRESENTED BY ITS DEPUTY COMMISSIONER
      BIJAPUR, DIST: BIJAPUR - 586 101

2.    THE ASST. COMMISSIONER
      BIJAPUR SUB-DIVISION, BIJAPUR - 586 101

3.    MALLIKARJUN
      S/O SHARANAPPA KHED
      AGED 56 YEARS, OCC: PRESIDENT,
      BIJAPUR DIST. PHYSICALLY HANDICAPPED
      WELFARE ASSOCIATION, MATHPATI GALLI,
      BIJAPUR - 586 101
                                         ...RESPONDENTS
(BY SMT. MAYA T. R., HCGP FOR R1 & R2
    SRI. SANGANAGOUDA V. BIRADAR, ADV. FOR R3
    V/O DATED 10.07.2017 APPEAL ABATED AGAINST R3)
                              2



      THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGEMENT AND DECREE DT.17.12.2007 PASSED IN
R.A.NO.109/2007 ON THE FILE OF THE PRL. CIVIL JUDGE
(SR.DN), BIJAPUR, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DT.14.6.2007 PASSED IN
O.S.NO.341/06 ON THE FILE OF THE II ADDL. CIVIL JUDGE
(JR.DN), BIJAPUR.

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


                        JUDGMENT

This appeal is filed challenging the judgment and

decree dated 17.12.2007 passed in R.A.No.109/2007

confirming the judgment and decree dated

14.06.2007, passed in O.S.No.341/2006.

2. During the pendency of the appeal,

respondent No.3 (plaintiff before the Trial Court) died

on 19.10.2016. The appellant has not filed any

application to bring the legal representatives of

deceased respondent No.3. This appeal is abated

against respondent No.3 vide order dated 10.07.2017.

Respondent No.3 is the contesting party. When the

appeal is abated against respondent No.3, the appeal

abates against respondents No.1 and 2 as well.

3. Accordingly, the appeal is dismissed as

abated.

SD/-

JUDGE

RD