Smt Sushila vs Sri Bhausaheb
2022 Latest Caselaw 12506 Kant

                             -1-




                                         RFA No. 1240 of 2007

     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 17TH DAY OF OCTOBER, 2022

                          BEFORE

            THE HON'BLE MR JUSTICE R.NATARAJ

       REGULAR FIRST APPEAL NO. 1240 OF 2007 (SP-)

BETWEEN:
1.    SMT SUSHILA W/O VILAS KUMBHAR
      AGED ABOUT 55 YEARS,
      OCC. HOUSEHOLD WORK
      R/AT D WARD NO.250, LAXMI GALLI,
      KOLHAPUR, MAHARASHTRA STATE

2.    SRI RAJENDRA S/O VILAS KUMBHAR
      AGED ABOUT 37 YEARS, OCC. BUSINESS
      R/AT D WARD NO.250, LAXMI GALLI,
      KOLHAPUR MAHARASHTRA STATE

3.    SRI SANJAY S/O VILAS KUMBHAR
      AGED ABOUT 34 YEARS, OCC. BUSINESS
      R/AT D WARD NO.250, LAXMI GALLI,
      KOLHAPUR, MAHARASHTRA STATE

4.    MISS REKHATAI D/O VILAS KUMBHAR
      AGED ABOUT 26 YEARS, OCC HOUSEHOLD WORK
      R/AT D WARD NO.250, LAXMI GALLI,
      KOLHAPUR, MAHARASHTRA STATE
                                            ...APPELLANTS
(BY SRI. VIGHNESHWAR S SHASTRI, ADVOCATE)
AND:
1.    SRI BHAUSAHEB S/O SADASHIV DONAWADE
      AGED ABOUT.46 YEARS, OCC.TAILOR
      R/AT SHKHARWADI LINE, NIPANI,
      TQ. CHIKODI, DIST. BELGAUM
                                -2-




                                          RFA No. 1240 of 2007

2.   SRI VIJAY S/O RAMAKRISHNA
     @ RAMCHANDRA KUMBHAR,
     AGED ABOUT 57 YEARS, OCC. RIKSHA DRIVER
     R/AT F WARD 250, LAXMI GALLI,
     KOLHAPUR, MAHARASHTRA STATE
                                           ...RESPONDENTS
(BY SRI. B S KAMATE, ADV., FOR R1;
R2- NOTICE SERVED)

      THIS RFA IS FILED U/S 96 OF CPC PRAYNG TO SET ASIDE
THE JUDGEMENT AND DECREE DATED 29.01.2007 PASSED IN
OS.NO.58/1999 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
CHIKODI.

      THIS APPEAL COMING ON FOR ORDERS, THIS DAY, COURT
DELIVERED THE FOLLOWING:


                          JUDGMENT

Though it was reported that respondent No.1 had

expired and time was granted on 21.10.2021 to take steps

to bring the legal representatives of deceased respondent

No.1 on record, steps are not taken till date. Hence, the

appeal as against respondent No.1 stands abated. Since the

suit is filed for the relief of specific performance of contract,

the abatement of appeal as against respondent No.1 would

result in abatement of appeal in its entirety in so far as

RFA No. 1240 of 2007

respondent No.2 is concerned. Hence, the appeal is disposed

of as having abated.

Sd/-

JUDGE

YAN