Soora Venkatappa vs Mallamma
2022 Latest Caselaw 12507 Kant

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                                      RFA No. 1172 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. 1172 OF 2007 (PAR-)
BETWEEN:
SOORA VENKATAPPA
S/O LATE SOORA HANUMANNA
DIED BY HIS LRS.

1A. SOORA KRISHNAMURTHY
S/O. SOORA VENKATAPPA,
AGE: 46 YEARS, OCC:AGRICULTURE

1B. S. ANUSUYAMMA
W/O. LATE SOORA BHIMALINGAPPA,

1C. S. RAMESH S/O. LATE SOORA BHIMALINGAPPA
AGE: 25 YEARS,

1D. S. SURESH S/O. LATE SOORA BHIMALINGAPPA,
AGE: 25 YEARS,

ALL ARE R/O. KUDITHINI, BELLARY TALUK, BELLARY
DISTRICT, 583119

                                               ...APPELLANTS
(BY SRI. RAVI HEGDE.,ADVOCATE)
AND:
1.     MALLAMMA
       W/O LATE MALLESHAPPA
       AGED 57 YEARS,
       R/O HOSADAROJI, SANDURTALUK,
       BELLARY DISTRICT-583119
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                                      RFA No. 1172 of 2007

2.   SIDDAROODHA
     S/O LATE MALLESHAPPA
     AGED 33 YEARS, OCC:AGRICULTURE
     R/O HOSADAROJI, SANDURTALUK,
     BELLARY DISTRICT-583119

3.   SHIVAPPA
     S/O LATE MALLESHAPPA
     AGED 26 YEARS, OCC:AGRICULTURE
     R/O HOSADAROJI, SANDURTALUK,
     BELLARY DISTRICT-583119

4.   KENCHAPPA
     S/O LATE MALLESHAPPA
     AGED 17 YEARS, OCC:AGRICULTURE
     MINOR REP. BY HIS MOTHER MALLAMMA
     W/O LATE MALLESHAPPA
     R/O HOSADAROJI, SANDURTALUK,
     BELLARY DISTRICT-583119

5.   RAJESWARI
     D/O K.MALLIKARJUNA
     AGED 16 YEARS,
     R/O HOSADAROJI, SANDUR TALUK,
     BELLARY DISTRICT-583119

6.   GURUMURTHY
     S/O K.MALLIKARJUNA
     AGED 13 YEARS,
     R/O HOSADAROJI, SANDURTALUK,
     BELLARY DISTRICT-583119

7.   MALLESHAPPA
     D/O K.MALLIKARJUNA
     AGED 11 YEARS,
     R/O HOSADAROJI, SANDURTALUK,
     BELLARY DISTRICT-583119

8.   MALLESHWARAI
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                                             RFA No. 1172 of 2007

     D/O K.MALLIKARJUNA
     AGED 8 YEARS,
     R/O HOSADAROJI, SANDURTALUK,
     BELLARY DISTRICT-583119

9.   MAHAKALI
     D/O K.MALLIKARJUNA
     AGED 5 YEARS,
     R/O HOSADAROJI, SANDURTALUK,
     BELLARY DISTRICT-583119

10. BHEMAKKA
    D/O K.MALLIKARJUNA
    AGED 3 YEARS,
    R/O HOSADAROJI, SANDURTALUK,
    BELLARY DISTRICT-583119

     R.5 TO 10 ARE REP. BY THEIR MOTHER AND NATURAL
     GUARDIAN AMBAMMA W/O. K. MALLIKARJUNA
     R/O HOSADAROJI, SANDURTALUK,
     BELLARY DISTRICT-583119

11. K MALLIKARJUN
    S/O LATE MALLESHAPPA
    AGED 37 YEARS,
    R/O HOSADAROJI, SANDURTALUK,
    BELLARY DISTRICT-583119



                                                      ...RESPONDENTS
(BY SRI. B CHIDANANDA, ADV., FOR R1-10;
R1- NOTICE SERVED)
     THIS   RFA   IS    FILED   U/S   96   OF   CPC    AGAINST   THE
JUDGEMENT    AND       DECREE   DATED      31.01.2007   PASSED    IN
OS.NO.16/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
KUDLIGI, DECREEING THE SUIT FOR PARTITION.
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                                                   RFA No. 1172 of 2007

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

                              JUDGMENT

It is stated that the respondent No.1 died on

13.05.2019 and respondent No.2 died on 26.05.2021.

However no steps are taken till date to bring the legal

representatives of deceased respondents 1 and 2. Hence, the

appeal as against respondents 1 and 2 stands abated. Since

the suit is filed for partition and separate possession, the

abatement of appeal as against respondents 1 and 2 would

result in abatement of appeal as against the other

respondents also. Hence, the appeal is disposed off as

abated.

Sd/-

JUDGE

YAN