Shri Sonappa Babu Patil Since ... vs Smt Devakka W/O Shattu Gojagekar
2022 Latest Caselaw 12475 Kant

                               1




     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 14TH DAY OF OCTOBER, 2022

                            BEFORE

          THE HON'BLE MS. JUSTICE JYOTI MULIMANI

     REGULAR SECOND APPEAL NO.5228 OF 2008 (PAR)

BETWEEN:

1.      SHRI.SONAPPA BABU PATIL
        SINCE DECEASED BY HIS LRS.

        1(A)   SMT.ANANDIBAI
               W/O SONAPPA PATIL
               SINCE DECEASED BY HER LRS.

        1(B)   SHRI.BALAPPA SONAPPA PATIL
               AGED ABOUT 38 YEARS
               OCC: AGRICULTURE
               R/O: H.NO.179, KALMESHWAR GALLI
               HANGIRAGE VILLAGE - 590 008
               TALUKA & DIST: BELGAUM.

        1(C)   SHRI.PARASHURAM SONAPPA PATIL
               AGED ABOUT 60 YEARS
               OCC: AGRICULTURE
               R/O: H.NO.179, KALMESHWAR GALLI
               HANGIRAGE VILLAGE - 590 008
               TALUKA & DIST: BELGAUM.

        1(D) SHRI.MASNU SONAPPA PATIL
             AGED ABOUT 55 YEARS
             OCC: AGRICULTURE
             R/O: H.NO.179, KALMESHWAR GALLI
             HANGIRAGE VILLAGE - 590 008
             TALUKA & DIST: BELGAUM.

2.      SMT.BALABAI
        W/O BHARAMANI NESARKAR
                              2




       AGED ABOUT 57 YEARS
       OCC: HOUSEHOLD
       R/O: KHADARWADI - 590 008
       TALUKA & DIST: BELGAUM.                ...APPELLANTS

(SRI.S.P.PATIL., AND
      SRI.MALLIKARJUNASWAMY B.HIREMATH., ADVOCATES
      FOR A1(B TO D;
      A1A - DECEASED;
      A2 - HELD SUFFICIENT)

AND:

SMT.DEVAKKA
W/O SHATTU GOJAGEKAR
AGE: MAJOR
OCC: HOUSEHOLD
R/O: CHIRMURI - 591 128
TALUKA & DIST: BELGAUM.                    ... RESPONDENT

(BY SRI.JAGADISH PATIL., ADVOCATE)

       THIS RSA FILED UNDER SECTION 100 R/W ORDER XLII
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED:11.07.2008 PASSED IN R.A.NO.331/2000 ON THE FILE
OF THE II ADDL.CIVIL JUDGE (SR.DN), BELGAUM, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED:27.11.2000 PASSED IN O.S.NO.479/1994 ON THE FILE
OF THE II ADDL. CIVIL JUDGE (JR.DN), BELGAUM.


       THIS RSA IS COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                          ORDER

Sri.Mallikarjunaswamy B.Hiremath., learned counsel

for appellants 1(b) to (d) has appeared in person.

The captioned appeal is listed today for orders

regarding non-filing of necessary application for bringing the

legal representatives of deceased sole respondent on record

as per order dated:01.06.2022.

As could be seen from the daily ordersheet, the

matter was listed on 01.06.2022. On that day, two weeks

time was granted to file necessary applications to bring the

legal representatives of deceased sole respondent on

record.

The applications to bring the legal representatives of

deceased sole respondent are not filed well within time.

Hence, the Regular Second Appeal stands abated.

Sd/-

JUDGE

TKN