Bhimappa S/O Fakirappa ... vs Smt. Mahadevakka W/O Shekappa ...
2023 Latest Caselaw 5766 Kant

                                                   -1-
                                                          NC: 2023:KHC-D:9175
                                                              RSA No. 5603 of 2010




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 18TH DAY OF AUGUST, 2023

                                                 BEFORE
                          THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                          REGULAR SECOND APPEAL NO. 5603 OF 2010 (RES-)
                       BETWEEN:

                           BHIMAPPA
                           S/O FAKIRAPPA KARIBHIMANNANAVAR
                           AGE: 67 YEARS, OCC: AGRICULTURE,
                           R/O: ARALESHWAR, TQ: HANGAL,
                           DIST: HAVERI-5811102.
                                                                      ...APPELLANT
                       (BY SRI. F.V.PATIL, ADVOCATE)

                       AND:

                           SMT. MAHADEVAKKA
                           W/O SHEKAPPA MALLANNANAVAR
                           R/O: KUSANUR, TQ: HANGAL,
                           DIST: HAVERI-5811102.
                                                                    ...RESPONDENT

                       (BY SRI. SANTOSH M BABAJI, ADVOCATE)

          Digitally
          signed by
          SAROJA
                            THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET
          HANGARAKI
SAROJA
HANGARAKI Date:
          2023.08.22
                       ASIDE THE JUDGMENT AND DECREE OF THE LOWER APPELLATE
          11:27:17 -
          0700
                       COURT DATED 01.07.2010 IN R.A.NO.18/2006 PASSED BY THE
                       COURT OF THE DISTRICT JUDGE, FAST TRACK COURT, HAVERI,
                       IN CONFIRMING THE JUDGMENT AND DECREE OF THE TRIAL
                       COURT IN O.S.NO. 231/2002 PASSED BY THE COURT OF CIVIL
                       JUDGE (JR.DN) AND JMFC, HANGAL DATED 02.03.2006, AND
                       DISMISS THE SUIT OF THE PLAINTIFF, IN THE INTEREST OF
                       JUSTICE AND EQUITY. PASS ANY OTHER ORDERS AS THIS
                       HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE
                       CASE IN THE INTEREST OF JUSTICE AND EQUITY.

                            THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY,
                       THE COURT DELIVERED THE FOLLOWING:
                              -2-
                                    NC: 2023:KHC-D:9175
                                        RSA No. 5603 of 2010




                          JUDGMENT

It is stated that sole appellant has died two years

ago.

Till today steps are not taken to substitute the legal

representatives of deceased appellant. Hence, the appeal

is dismissed as abated.

Sd/-

JUDGE

SH