Shiddapa vs Siddappa
2022 Latest Caselaw 12607 Kant

                                1




     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 27TH DAY OF OCTOBER, 2022

                          BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

      REGULAR SECOND APPEAL NO.18 OF 2007 (DEC)

BETWEEN:

1.      SHIDDAPPA
        S/O KUDLAPPA HALLUR,
        AGE: 64 YEARS,
        OCC AGRICUTLURE,
        R/O HIREBADAWADAGI,
        NOW R/O AMEENAGADA TQ: HUNAGUND,
        DIST: BAGALKOTE-587118.

2.      BASAPPA
        S/O KUDLAPPA HALLUR
        AGE: 60 YEARS,
        OCC AGRICULTURE,
        R/O HIREBADAWADAGI,
        TQ: HUNGUND,
        BAGALKOTE-587118.
                                             ...APPELLANTS
(BY SRI. P.G. MOGALI, ADVOCATE)

AND:

1.      SIDDAPPA
        S/O GURAPPA HALLUR,
        AGE: 66 YEARS, R/O HIREBADAWADAGI,
        TQ: HUNGAGUND,
        DIST: BAGALKOTE-587118.

2.      CHANDALINGAPPA
        S/O MALKAJAPPA HALLUR
        AGE: 45 YEARS,
        R/O HIREBADAWADAGI,
                            2




     NOW AT CHANDALINGA BILGI,
     TQ. KUSHTAGI,
     DIST: KOPPAL-587128.

3.   MAHANTESH
     S/O MALKAJAPPA HALLUR
     AGE: 42 YEARS, R/O HIREBADAWADAGI,
     CHANDALINGA BILGI, KUSHTAGI,
     KOPPAL-587128.

4.   BASAPPA
     S/O MALKAJAPPA HALLUR
     AGE: 40 YEARS,
     R/O HIREBADAWADAGI,
     CHANDALINGA BILGI, KUSHTAGI,
     KOPPAL-587128.
                                          ... RESPONDENTS
(BY SRI. JAGDEESH PATIL, ADVOCATE FOR R1,
      R2 TO R4 - SERVED AND UNREPRESENTED)

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE PASSED BY THE FAST TRACK COURT NO.I, AT
BAGALKOTE     IN  R.A.NO.  25/2005    DATED   16.03.2006
CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE
CIVIL JUDGE (JR.DN) HUNAGUND IN O.S.NO.98/2002 DATED
25.01.2005, WITH COST THROUGH OUT.

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

                        ORDER

Sri.P.G.Mogali., learned counsel for appellants has

appeared in person.

As could be seen from the daily order sheet, the

appeal was listed on 13.09.2021. On that day, learned

counsel for appellants submitted that both the appellants

are dead and sought time to file necessary applications.

The appeal is listed today for orders regarding non-

filing of necessary applications in respect of deceased

appellants.

Counsel Sri.P.G.Mogali., submits that despite his

efforts, there is no response from the legal representatives

of deceased appellants.

Submission is noted.

The applications to bring the legal representatives of

deceased appellants are not filed well within time. Hence,

the Regular Second Appeal stands abated.

Sd/-

JUDGE

TKN