Karnataka High Court
Akkawwa W/O. Alagouda Jagadev @ ... vs Danawwa W/O. Dundappa Jagadev @ ... on 17 October, 2022
Bench: R Natarajpresided Byrnj
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RFA No. 4166 of 2012
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. 4166 OF 2012 (PAR-)
BETWEEN:
1. AKKAWWA W/O. ALAGOUDA JAGADEV @ MUDSHI
AGE: 61 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG,
DIST: BELGAUM
2. SRIKANT ALAGOUDA JAGADEV @ MUDSHI
AGE: 35 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG
DIST: BELGAUM
3. SADASHIV S/O. ALAGOUDA JAGADEV @ MUDSHI
AGE: 35 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG
DIST: BELGAUM
4. BASAVRAJ ALAGOUDA JAGADEV @ MUDSHI
AGE: 35 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG
DIST: BELGAUM
5. MALLAPPA ALAGOUDA JAGADEV @ MUDSHI
AGE: 35 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG
DIST: BELGAUM
6. BALAWWA W/O. MAHAHLING KONNUR
AGE: 48 YEARS, OCC: HOUSEHOLD WORK
R/O. BELAGALI, TQ: MUDHOL
DIST: BAGALKOT
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RFA No. 4166 of 2012
7. BORAWWA W/O. RAMAPPA INAPUR
AGE: 42 YEARS, OCC: HOUSEHOLD
WORKR/O.KHEMLAPUR, TQ: RAIBAG
DIST: BELGAUM
...APPELLANTS
(BY SRI. M. H. PATIL .,ADVOCATE)
AND:
1. DANAWWA W/O. DUNDAPPA JAGADEV @ MUDSHI
AGE: MAJOR, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG
DIST: BELGAUM
2. GURULING SATEPPA MUDSHI
SINCE DECEASED BY HIS LRS
2A. SUSHILA W/O. GURULING MUDSHI
AGE: 64 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG,
DIST: BELGAUM
2B. BASAPPA GURULING MUDSHI
SINCE DECEASED BY HIS LR'S
2B1 SAVITRI W/O.BASAPPA MUDSHI,
AGE: 35 YEARS, OCC: HOUSEHOLD
2B2 OMSHREE D/O. BASAPPA MUDSHI,
AGE: 10 YEARS, OCC: STUDENT,
2B3 POOJYASHREE D/O. BASAPPA MUDSHI,
AGE: 8 YEARS, OCC: STUDENT,
2B1 TO 2B3 ARE R/O. HARUGERI,
TQ: RAIBAG, DIST: BELGAUM
4. MALLAPPA GURULING MUDSHI
AGE: 64 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG,
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RFA No. 4166 of 2012
DIST: BELGAUM
5. SIDDAPPA GURULING MUDSHI
AGE: 32 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG,
DIST: BELGAUM
6. HANAMANT SATEPPA MUDSHI
AGE: 52 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG
DIST: BELGAUM
7. SHRISHAIL SATEPPA MUDSHI
AGE: 49 YEARS, OCC: AGRICULTURE
R/O. HARUGERI, TQ: RAIBAG,
DIST: BELGAUM
8. SATAWWA W/O. SHIVAPPA KITTUR
AGE: 36 YEARS, OCC: HOUSEHOLD WORK
R/O. YALLATTI, TQ: JAMKHANDI,
DIST: BAGALKOT
9. GEETA W/O. MAHADEV NADEPPAGOL
AGE: 33 YEARS, OCC: HOUSEHOLD WORK
R/O. ARALIMATTI, TQ: GOKAK
DIST: BELGAUM
...RESPONDENTS
(BY SRI. M. M. KHANNUR, ADVOCATE FOR R1;
SRI. PRUTHVI K. S., ADV., FOR R5;
R2A, R2(B1 TO B3), R2C, R2D, R3, R4 AND R6- NOTICE SERVED)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
31.07.2012 PASSED IN O.S.NO.239/2008 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, RAIBAG, PARTLY DECREEING
THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
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RFA No. 4166 of 2012
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, COURT
DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant submits that the
respondent No.1 expired on 31.03.2022. Since the time
allowed for bring the legal representatives of deceased
respondent No.1 has expired, the appeal as against
respondent No.1 is abated. Since the suit is filed for partition
and separate possession, the abatement of appeal as against
respondent No.1 would result in abatement of appeal as
against other respondents. Hence, the appeal is disposed off
as abated.
Sd/-
JUDGE
YAN
