Malakanna Belkote And Ors vs The State Of Karnataka
2022 Latest Caselaw 7607 Kant

                               1

         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

       DATED THIS THE 27TH DAY OF MAY 2022

                          PRESENT

THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                             AND

       THE HON'BLE MR.JUSTICE S. RACHAIAH

      REGULAR FIRST APPEAL No.200006/2018

Between:

1.    Malakanna Belkote S/o Ramshetty Belkote
      Since deceased by his LRs.

a)    Smt. Shantabai W/o Late Malkanna
      Aged about: 53 Years, Occ: House hold

b)     Sri. Srishail S/o Late Malkanna
      Aged about: 31 Years, Occ: Student

c)    Sri. Veeresh S/o Late Malkanna
      Aged about: 29 Years, Occ: Student

d)    Jaishree D/o Late Malkanna
      Aged about: 30 Years, Occ: Student

e)    Anveerappa S/o Late Malkanna
      Aged about: 37 Years, Occ: Student
(All are R/o Plot No.117, H.No.1-892/5E,
SBI Colony, Opp: P & T Colony, Old
Jewargi Road, Kalaburagi-585 102)
                                                ...Appellants

(By Sri R.S.Sidhapurkar, Advocate)
                                2

And:

1.     The State of Karnataka
       Through its Executive Engineer
       KNNL, IPC Division No.1
       Aiwan-E-Shahi, Kalaburgi
       Sri. Suryakanth T. Sringeri
       Aged about: 60 Years
       R/o: Kalabuargi-585 102

2.     Raju dange S/o Ganpat Rao Dange
       Aged about: 55 Years, Occ: Executive
       Engineer Quality Control Division
       PHE Kalaburagi
       R/o: PWD Quarters, Aiwan-E-Shahi
       Kalaburagi-585 102

3.     Suryakanth P. Kasar S/o Parasnath kasar
       Aged about: 60 Years, Occ: FDA/cA
       Local Audit Circle, Bidar
       R/o: Kale Lay out Behind Maikana Bar
       Brahmpur, Kalaburagi-585 101

4.     M.S.Khatib S/o Shamshuddin Khatib
       Aged about: 66 Years, Occ: Audit Officer
       R/o: Plot No.33/B, Kotnoor(D)
       Tarfile Area, Block No.8E, Rahmath Nagar
       Kalaburagi-585 102

5.     Abdul Jabbar S/o Abdul Sattar
       Aged about: 50 Years, Occ: FDA/cA
       R/o: Plot No.34/B/3, Kotnoor(D)
       Tarfile Area, Block No.8E, Rahmath Nagar
       Kalaburagi-585 102

                                                  ...Respondents

(By Sri Gourish S. Kashampur, Advocate for R1;
 Sri Shivanand Patil, Advocate for R2;
 Sri Arun Choudapurkar, Advocate for R3 & R5)
                                 3

      This RFA is filed under Section 96 read with Order 41 Rule
1 of CPC, praying to allow the appeal and set aside the
judgment and Decree passed in O.S.No.88 of 2007 by the
learned Principal Senior Civil Judge at Kalaburagi, dated:23-10-
2017 and dismiss the suit with costs throughout.


      This RFA is coming on for orders this day, Sreenivas
Harish Kumar J., made the following:


                           ORDER

Sri R.S. Sidhapurker, learned counsel for the

appellants submits that respondent No.4 died on

25.06.2021. He further submits that cause of action in the

suit is joint against all the defendants.

As the cause of action is inseparable, abatement of

appeal against respondent no.4 results in abatement of

entire appeal. Therefore, abatement of appeal is recorded.

Sd/-

JUDGE

Sd/-

JUDGE

swk