Sri Bajirao Maruti Kalel vs Sri Mahadev Maruti Kalel
2022 Latest Caselaw 12442 Kant

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              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

         DATED THIS THE 13TH DAY OF OCTOBER, 2022

                           BEFORE

          THE HON'BLE MS. JUSTICE JYOTI MULIMANI

     REGULAR SECOND APPEAL NO.1272 OF 2007 (INJ)

BETWEEN:

SRI BAJIRAO MARUTI KALEL,
AGE:48 YEARS, OCC:PETTY BUSINESS,
R/O LOHAR GALLI, NIPANI - 591 237,
TAL:CHIKODI, DIST: BELAGAVI.                ...APPELLANT

(BY SHRI RAVI S. BALIKAI, ADVOCATE.)

AND:

1.     SRI MAHADEV MARUTI KALEL,
       AGE:42 YEARS, OCC:PETTY BUSINESS,
       R/O LOHAR GALLI, NIPANI - 591 237,
       TAL: CHIKODI, DIST:BELAGAVI.

SMT. AKKATAI
W/O BALAKRISHNA KALELI
SINCE DECEASED BY HER LRS.

2.     SOU.ANUSAYA. DATTATRAYA NAVALE,
       AGE:56 YEARS, OCC:HOUSEHOLD WORK,
       R/O SADASHIVA PETH, CHITRA SHALA CHOWK,
       PUNE - 410 006, MAHARASHTRA.

ASHOK RAMACHANDRA KALEL,
SINCE DECEASED BY HIS LRS.

3.     SATISH ASHOK KALE,
       AGE:36 YEARS, OCC:SERVICE,
       R/O LOHAR GALLI, NIPANI - 591 237,
       TAL:CHIKODI, DIST:BELAGAVI.
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4.     SUJIT ASHOK KALE,
       AGE:29 YEARS, OCC:BUSINESS,
       R/O LOHAR GALLI, NIPANI - 591 237,
       TAL:CHIKODI, DIST:BELAGAVI.

5.     SMT. MALAN @ PADMINI
       W/O ASHOK KALE,
       AGE:58 YEARS, OCC:HOUSEHOLD WORK,
       R/O LOHAR GALLI, NIPANI - 591 237,
       TAL:CHIKODI, DIST:BELAGAVI.        ... RESPONDENTS

(NOTICE SERVED.)


      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 28.11.2006, PASSED
BY THE COURT OF CIVIL JUDGE (SR.DN.), CHIKODI, IN
R.A.NO.61/2004 AND THE JUDGMENT AND DECREE DATED
08.06.2004, PASSED BY THE CIVIL JUDGE (JR.DN.), NIPANI, IN
O.S.NO.54/1994, ETC.,.

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


                             ORDER

Shri Ravi S. Balikai, learned counsel for appellant

has appeared in person.

Learned counsel on instruction submits that the

sole appellant Bajirao Maruti kalel has died on

23.4.2020.

Application to bring the legal representatives of

the deceased appellant on record is not filed in time.

Hence appeal is abated.

Sd/-

JUDGE

MRK