Smt Shambamma vs Sri Dasegowda
2022 Latest Caselaw 7818 Kant

                             1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 31ST DAY OF MAY, 2022

                           BEFORE

       THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

                  R.S.A.NO.447 OF 2009
BETWEEN:

1.   SMT SHAMBAMMA
     W/O.LATE KEMPAIAH
     AGED ABOUT 64 YEARS

 2 . SRIB BASAVARAJU
     S/O.LATE KEMPAIAH
     AGED ABOUT 42 YEARS

     BOTH R/O. HEDAGARAHALLI
     KASABA HOBLI
     TIPTUR TALUK - 572 131.
                                               ...APPELLANTS
(BY SRI. LAKSHMIPATHI B.G., ADVOCATE
 FOR SRI. G S BALAGANGADHAR, ADVOCATE)

AND:
1 . SRI DASEGOWDA, S/O.LATE
    THIMMAIAH, AGED ABOUT 57 YEARS.

2 . SRI H T RAMANNA, S/O.LATE
    THIMMAIAH, AGED ABOUT 52 YEARS

3 . SRI H T BASAVARAJU
    S/O.LATE THIMMAIAH
    AGED ABOUT 50 YEARS
    ALL ARE R/O.HEDAGARAHALLI
    KASABA HOBLI, TIPTUR TALUK
                                         ...RESPONDENTS
(BY SRI. S. NAGARAJA, ADVOCATE FOR R1 TO R3)
                                   2


     THIS R.S.A IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGEMENT & DECREE DATED 23.10.2008 PASSED IN
R.A.NO.132/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) &
JMFC, TIPTUR, DISMISSING THE APPEAL AND CONFIRMING
JUDGEMENT AND DECREE DATED 16.9.2005 PASSED IN OS.NO.
306/2001 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN.) &
JMFC, TIPTUR.

     THIS RSA COMING ON FOR ORDERS THIS DAY THE COURT
DELIVERED THE FOLLOWING:

                           JUDGMENT

Memo dated 27.01.2022 is filed reporting death of both

the appellants. Legal representatives are not brought on record

in time.

Memo is placed on record.

In view of death of both appellants, appeal is dismissed as

abated

Sd/-

JUDGE AKV