Sannabyatappa @ Rangappa vs Channaveere Gowda
2022 Latest Caselaw 5687 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 29TH DAY OF MARCH, 2022

                        BEFORE

           THE HON'BLE MR.JUSTICE R. NATARAJ

             R.S.A. NO. 442 OF 2019 (INJ)

BETWEEN:

SANNABYATAPPA @ RANGAPPA
@ RANGEGOWDA
S/O BYATAPPA
AGED ABOUT 75 YEARS
R/O MARGONDANAHALLI VILLAGE
NONAVINAKERE HOBLI
TIPTUR TALUK
TUMAKUR DISTRICT - 572201.
                                            ...APPELLANT

(BY SRI. MADHUSUDHAN M.N. ADVOCATE)

AND:

CHANNAVEERE GOWDA
S/O LATE DODDEGOWDA
AGEDA BOUT 71 YEARS
R/O MUNIYUR VILLAGE
KASABA HOBLI
TURUVEKERE TALUK
TUMAKUR DISTRICT - 572201.
                                        ...RESPONDENT

(BY SRI. M.B. CHANDRACHOODA, ADVOCATE FOR C/R)

    THIS R.S.A. IS FILED UNDER SECTION 100 OF CODE
OF CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT
AND DECREE DATED 28.11.2018 PASSED IN RA.NO.35/2014
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC TIPTUR
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DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 22.08.14 PASSED IN OS.NO.263/2010 ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC TIPTUR.

     THIS R.S.A. COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

It is stated by learned counsel for appellant that the

appellant died on 09.11.2021. The suit from which the

present appeal arises was for the relief of perpetual

injunction and the appellant herein was the plaintiff before

the Trial Court. Since the plaintiff has expired, the suit as

well as this appeal abates.

2. In that view of the matter, this appeal is

disposed off as having abated.

Pending I.A., if any, does not survive for

consideration.

Sd/-

JUDGE

hnm