Neelkantappa S/O Basappa vs Shivadevappa Erappa And Ors
2022 Latest Caselaw 12625 Kant

                           1

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

      DATED THIS THE 27TH DAY OF OCTOBER, 2022

                        BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

          RSA NO.200411/2014 (PAR/POS)

BETWEEN

NEELKANTAPPA S/O BASAPPA
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O : HALKARTI VILLAGE,
TQ : CHITTAPUR, DIST : GULBARGA
                                        ...APPELLANT

(BY SRI AJAY KUMAR A. K., ADVOCATE)

AND

1 . SHIVADEVAPPA ERAPPA
AGE: 62 YEARS, OCC : AGRICULTURE,
R/O : KOTAGERA VILLAGE,
TQ & DIST : YADGIR.

2 . SADASHIVAPPA S/O ERAPPA
AGE: 61 YEARS, OCC : AGRICULTURE,
R/O : LAXMI NAGAR, NEAR LAXMI TEMPLE,
TQ & DIST : YADGIR

3 . VISHWANATH S/O CHNADRASHEKHAR
AGE: 44 YEARS, OCC : AGRICULTURE,
R/O : NALWAR VILLAGE,
TQ : CHITTAPUR, DIST : GULBARGA.

4 . SUBHASH S/O. BASAPPA
AGE: 42 YEARS, OCC : AGRICULTURE,
R/O : HALKARTI VILLAGE,
TQ : CHITTAPUR, DIST : GULBARGA.
                            2

5 . SUGAPPA S/O BASAPPA
AGE: 38 YEARS, OCC : AGRICULTURE,
R/O : HALKARTI VILLAGE,
TQ : CHITTAPUR, DIST : GULBARGA.
                                         ...RESPONDENTS

(BY SRI VENKATESH C. MALLABADI, ADVOCATE FOR R2 & R3;
R1, R4 & R5 SERVED)

   THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
JUDGEMENT AND DECREE DATED 26.09.2014 PASSED IN R.A.
NO.25/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AT
SEDAM, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGEMENT AND DECREE DATED 05.08.2013 PASSED IN O.S.
NO.141/2008 ON THE FILE OF THE CIVIL JUDGE AT SEDAM.


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


                     JUDGMENT

Learned counsel for the respondents submits

that sole appellant has died a year back. The learned

counsel for the appellant submits that though he has

sent several reminders to the legal representatives of

the appellant, they are not interested in prosecuting

the appeal. Be that as it may. If sole appellant is

dead, abatement is already taken place. Therefore,

appeal is dismissed as abated.

Sd/-

JUDGE

Srt