Mallappa Teggi vs Smt Shantawwa
2022 Latest Caselaw 12755 Kant

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             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

         DATED THIS THE 02ND DAY OF NOVEMBER, 2022

                          BEFORE

          THE HON'BLE MS. JUSTICE JYOTI MULIMANI

       REGULAR SECOND APPEAL NO.22 OF 2008 (PAR)

BETWEEN:

MALLAPPA TEGGI S/O NINGAPA,
AGED ABOUT 68 YEARS,
R/AT GANI, TQ:JAMKHANDI,
DIST:BAGALKOTE - 587 301.
                                              ...APPELLANT

[BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE)

AND:

1.     SMT. SHANTAWWA
       W/O YELAGURDAPPA ANKALAGI,
       AGED ABOUT 67 YEARS,
       R/AT HIRE - ASANGI,
       TQ: BASAVAN BAGEWADI,
       DIST: BIJAPURA - 586 501.

2.     SMT.RUKMAWWA
       W/O NINGAPPA KORADDI,
       AGED ABOUT 90 YEARS,
       R/AT GANI, TQ:JAMKHANDI,
       DIST:BAGALKOTE - 587 301.

3.     LAXMAN S/O NINGAPPA KORADDI,
       AGED ABOUT 65 YEARS,
       R/AT GANI, TQ:JAMKHANDI,
       DIST:BAGALKOTE - 587 301.

4.     SOMANNA S/O NINGAPPA KORADDI,
       AGED ABOUT 55 YEARS,
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     R/AT GANI, TQ:JAMKHANDI,
     DIST:BAGALKOTE - 587 301.

5.   MEENAXI
     W/O RAJENDRA NYAMAGOUD,
     AGED ABOUT 45 YEARS,
     R/AT KONNUR, TQ:JAMKHANDI,
     DIST:BAGALKOTE - 587 301.
                                         ... RESPONDENTS

(BY SRI MADANMOHAN M. KHANNUR, ADVOCATE FOR R1;
SRI SHIVARAJ S.BALLOLLI AND SRI RAMESH I. ZIRALI,
ADVOCATES FOR R2 TO R4;
SRI.SHIVARAJ P.MUDHOL, ADVOCATE FOR R5)

     THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 19.09.2007, PASSED
BY THE FAST TRACK AT JAMKHANDI, IN R.A.NO.35/2016, AND
CONFIRM THE JUDGMENT AND DECREE DATED 09.08.2006,
PASSED BY THE PRL.CIVIL JUDGE (SR.DN.), JAMKHANDI, IN
O.S.NO.02/1996, BY ALLOWING THIS APPEAL, ETC.,.

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


                        ORDER

Shri Mrutyunjay Tata Bangi, learned counsel for

appellant has appeared in person.

Learned counsel for appellant submits that the sole

appellant has died two years back.

Submission is noted.

Application to bring the legal representatives of

deceased appellant on record is not filed. Hence appeal

stands abated.

Sd/-

JUDGE

MRK