Baswaraj S/O Nagappa Ragho vs Babu Rao Nagappa Ragho
2022 Latest Caselaw 4845 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.7314 OF 2010

BETWEEN:

BASWARAJ
S/O NAGAPPA RAGHO
AGED ABOUT 50 YEARS, OCC: AGRI
R/O MEHAKAR VILLAGE, TQ: BHALKI
DIST: BIDAR - 584 102
                                            ...APPELLANT

(BY SRI. SANJEEVKUMAR C PATIL, ADV.)

AND

1.    BABU RAO
      S/O NAGAPPA RAGHO
      AGED ABOUT 43 YEARS
      R/O MEHAKAR VILLAGE, TQ: BHALKI
      DIST: BIDAR - 584 102

2.    NAGAPPA
      S/O VAIJINATHAPPA RAGHO
      AGED ABOUT 75 YEARS,
      R/O MEHAKAR, TQ: BHALKI
      DIST: BIDAR - 584 102
                                         ...RESPONDENTS

(V/O DATED 28.03.2011, SERVICE OF NOTICE TO R1 & R2
      HELD SUFFICIENT)
                            2



     THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGEMENT AND DECREE DTD.26.02.2010 PASSED IN R.A.NO.
22/2005 ON THE FILE OF THE PRESIDING OFFICER F.T.C.II AT
BIDAR, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGEMENT AND DECREE DTD.26.07.2005 PASSED IN OS NO.
39/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AT
BHALKI.

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


                      JUDGMENT

Learned counsel for the appellant submits that

the appellant died in the year 2015 and further

submits that he has not filed necessary applications.

In view of the same, by operation of law, the appeal

abates. He has filed a memo stating that the appeal

be dismissed as abated.

2. Memo is placed on record.

3. The appeal is dismissed as abated.

SD/-

JUDGE

RD