Basappa S/O Mallappa Neeralagi vs Ajjappa S/O Mallappa Neeralagi
2023 Latest Caselaw 5767 Kant

                                                   -1-
                                                         NC: 2023:KHC-D:9176
                                                                RSA No. 5625 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. 5625 OF 2010
                       BETWEEN:

                           BASAPPA
                           S/O MALLAPPA NEERALAGI
                           AGE: 69 YEARS, OCC: AGRICULTURE,
                           R/O: MALLUR, TQ: BYADAGI,
                           DIST: HAVERI-581106.
                                                                        ...APPELLANT
                       (BY SRI. SHIVARAJ S BALLOLI, ADVOCATE)

                       AND:

                           AJJAPPA
                           S/O MALLAPPA NEERALAGI
                           AGE: 64 YEARS, OCC: AGRICULTURE,
                           R/O: GULAPUJI, TQ: BYADAGI,
                           DIST: HAVERI-581106.

                                                                      ...RESPONDENT
                       (BY SRI. B S SANGATI, ADVOCATE)
          Digitally
          signed by
          SAROJA
SAROJA    HANGARAKI
HANGARAKI Date:
          2023.08.22
          11:27:27 -
          0700
                              THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO SET
                       ASIDE THE JUDGMENT AND DECREE DATED 05.01.2010 PASSED
                       IN R.A. 81/2006 ON THE FILE OF CIVIL JUDGE SR.DN. ITINERATE
                       BYADAGI REVERSING THE JUDGMENT AND DECREE DATED
                       26.08.2006 PASSED IN O.S.NO.03/2005 JUDGE, JR.DN AND JMFC
                       BYADAGI, ALLOWING THE TOP NOTED APPEAL TO MEET THE
                       ENDS OF JUSTICE AND EQUITY.


                              THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
                       COURT PASSED THE FOLLOWING:
                            -2-
                                 NC: 2023:KHC-D:9176
                                     RSA No. 5625 of 2010




                         ORDER

More than three months have been elapsed since the

death of appellant. Steps are not taken to substitute the

legal representatives of deceased appellant. Hence, the

appeal is dismissed as abated.

Sd/-

JUDGE

SH