Sri A B Basavarajappa vs Uddur Rajanna
2023 Latest Caselaw 5698 Kant

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                                                         NC: 2023:KHC:29157
                                                       RSA No. 2870 of 2007




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 17TH DAY OF AUGUST, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                 REGULAR SECOND APPEAL NO. 2870 OF 2007 (DEC/INJ)

                 BETWEEN:

                       SRI A. B. BASAVARAJAPPA,
                       S/O. LATE BASAPPA,
                       AGED ABOUT 85 YEARS,
                       AGRICULTURIST,
                       RESIDING AT ALAMBADI VILLAGE,
                       ALAMBADIKAVAL POST,
                       AKKIHEBBAL HOBLI,
                       K. R. PET TALUK - 571 426.
                                                               ...APPELLANT
                 (BY SRI. A. B. BASAVARAJAPPA, S/O. LATE BASAPPA,
                     (DEAD AS PER COURT NOTICE REPORT)

                 AND:

                 1.    UDDUR RAJANNA,
Digitally              S/O. RAMASETTY,
signed by
SUCHITRA M J           AGED ABOUT 52 YEARS.
Location: High
Court of         2.    PATEL A. B. SHIVANANJEGOWDA,
Karnataka
                       S/O. BHOGEGOWDA @ THAMMANNEGOWDA,
                       AGED ABOUT 65 YEARS,
                       RESPONDENT NOS.1 AND 2 ARE
                       AGRICULTURISTS,
                       R/O. ALAMBADI,
                       AKKIHEBBAL HOBLI,
                       K. R. PET TALUK - 571 426.

                 3.    THE SECRETARY,
                       ALAMBADIKAVAL,
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                                            NC: 2023:KHC:29157
                                         RSA No. 2870 of 2007




    GRAM PANCHAYATH,
    ALAMBADIKAVAL,
    AKKIHEBBAL HOBLI,
    K. R. PET TALUK - 571 426.
                                                ...RESPONDENTS
(BY SRI. K. S. ARUN, ADVOCATE FOR R1;
    R2 AND R3 ARE SERVED)

     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED 04.08.2007          PASSED IN
R.A.NO.10/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN), &
JMFC., K.R.PET, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGEMENT AND DECREE DATED 13.12.2004 PASSED IN
O.S.NO.82/1996 ON THE FILE OF THE CIVIL JUDGE (JD), &
JMFC., K.R.PET, DISMISSING THE SUIT FOR DECLARATION
AND PERMANENT INJUNCTION AND ETC.,

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

Learned counsel for the respondents is present.

There is no representation on behalf of the appellant.

Vide order dated 03.08.2023, this Court provided one

more opportunity for the appellant to appear before the Court,

despite the Court notice which came to be returned as

"insufficient address" along with shara as "dead".

The Court notice was issued as the learned counsel for

the appellant Sri T.N.Raghupathy, unfortunately passed away.

NC: 2023:KHC:29157 RSA No. 2870 of 2007

On perusal of the shara of the Court notice returned,

which is depicting the appellant to be dead, the appeal would

not survive for consideration any more.

Accordingly, the appeal is dismissed as abated.

Sd/-

JUDGE

CH

CT: AVB