Paruteppa S/O Siddappa ... vs Shantavva W/O Mayappa Ittannavar
2022 Latest Caselaw 13116 Kant

                             1




     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 17TH DAY OF NOVEMBER, 2022

                          BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

 REGULAR SECOND APPEAL NO.100148 OF 2017 (PAR)

BETWEEN:

1.      PARUTEPPA
        S/O SIDDAPPA DHARENNAVAR,
        AGE:53 YEARS, OCC:AGRICULTURE,
        R/O NEAR SHANKARLING TEMPLE ONI,
        SAUNDATTI, TQ:SAUNDATTI,
        DIST:BELAGAVI - 591 126.

2.      HANAMANTH S/O SIDDAPPA DHARENNAVAR,
        AGE:51 YEARS, OCC:AGRICULTURE,
        R/O NEAR SHANKARLING TEMPLE ONI,
        SAUNDATTI, TQ:SAUNDATTI,
        DIST:BELAGAVI - 591 126.         ...APPELLANTS

(BY SRI SHIVARAJ P.MUDHOL, ADVOCATE)

AND:

1.      SHANTAVVA W/O MAYAPPA ITTANNAVAR,
        AGE:72 YEARS,
        OCC:HOUSEHOLD WORK,
        R/O NEAR SHANKARLING TEMPLE ONI,
        SAUNDATTI,
        TQ:SAUNDATTI,
        DIST:BELAGAVI - 591 126.

2.      SANGAPPA S/O FAKIRAPPA RAVADI,
        AGE:48 YEARS, OCC:AGRICULTURE,
        R/O CHIKKA ULLIGERI, TALUK:SAUNDATTI,
        DIST:BELAGAVI - 591 126.
                              2




3.   MUTTEWWA
     W/O SANGAPPA MUGABAWWA,
     AGE:38 YEARS, OCC:AGRICULTURE,
     R/O CHIKKA ULLIGERI, TALUK:SAUNDATTI,
     DIST:BELAGAVI - 591 126.

4.   SHANKAREVVA
     W/O SHIVAPPA CHIPALAKATTI,
     AGE:63 YEARS, OCC:HOUSEHOLD WORK,
     R/O NEAR SHANKARLING TEMPLE ONI,
     SAUNDATTI TQ:SAUNDATTI,
     DIST:BELAGAVI - 591 126.         ... RESPONDENTS

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, PRAYING TO CHALLENGING THE JUDGMENT AND
DECREE DATED:28.11.2016 PASSED ON THE FILE OF THE
SENIOR CIVIL JUDGE, SAVADATTI IN R.A.NO.32/2015 AND THE
JUDGMENT AND DECREE DATED:28.09.2015 PASSED ON THE
FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, SAVADTTI IN
O.S.NO.184/2008.

     THIS REGULAR SECOND APPEAL COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

Sri.Shivaraj P.Mudhol., learned counsel for appellant

has appeared in person.

Counsel submits that a memo has been filed stating

that Smt.Shantavva - respondent No.1 is the sole plaintiff

before the Trial Court. She died long back and her legal

representatives were not brought on record in time.

Counsel further submits that no relief is claimed

against other respondents. In view of death of sole plaintiff,

the appeal stands abated. Counsel therefore, submits that

the memo may be placed on record and the Regular Second

Appeal may be dismissed as abated.

Submission is noted.

Memo is placed on record.

The Regular Second Appeal is dismissed as abated.

Sd/-

JUDGE

TKN