Padmasali Raghamma W/O Late ... vs T Gopinath Sastry
2023 Latest Caselaw 5798 Kant

                                                            -1-
                                                                    NC: 2023:KHC-D:9254
                                                                        RSA No. 460 of 2008




                                         IN THE HIGH COURT OF KARNATAKA

                                                   DHARWAD BENCH

                                     DATED THIS THE 21ST DAY OF AUGUST, 2023

                                                         BEFORE
                                      THE HON'BLE MR JUSTICE C.M. POONACHA
                                 REGULAR SECOND APPEAL NO. 460 OF 2008 (INJ-)
                              BETWEEN:
                              PADMASALI RAGHAMMA W/O. LATE RANGAPPA
                              SINCE DECEASED BY HIS LR'S

                              1(A) CHANNAMMA W/O. BASAPPA

                              SINCE DECEASED BY HER LR'S
                              1A.(i) RAJANNA S/O. BASAPPA,
                                     AGE: 37 YEARS, OCC. SERVICE,
                                     R/O. 1ST WARD HATCHOLLI,
                                     TALUK AND DISTRICT: BALLARI.
                              1A(ii) L.K. LALITHA W/O. LAL KATTLA DAVID,
                                      AGE: 38 YEARS, R/O. BHAGYA NAGAR,
                                      GUNTAKAL ANANTPUR DISTRICT:
                                      STATE: ANDRA-PRADESH.
                              1A(iii) LAKSHMI D/O. B. BASAPPA
                                       AGE:27 YEARS, OCC: NIL, R/O. WARD NO. 1
                                       KUMBAR STREET HATCHOLLI, DISTRICT: BALLARI.
                              1A(iv) SARASWATHI W/O.
           Digitally signed           AGE: 27 YEARS, OCC: HOUSEHOLD WORK,
           by
           SHIVAKUMAR
SHIVAKUMAR HIREMATH
                                      R/O. KUMBAR STREET, WARD NO. 1 HATCHOLLI,
HIREMATH
           Date:                      TALUK: SIRUGUPPA, DISTRICT. BALLARI.
           2023.08.23
           15:21:07 +0530
                                                                               ...APPELLANTS
                              (BY SRI. G. R. GURUMATH, ADV.)
                              AND:
                              T. GOPINATH SASTRY
                              S/O. LATE T. RAMACHANDRA SASTRY
                              R/O: HOTCHOLLI VILLAGE, SIRAGUPPA TALUK.
                                                                              ...RESPONDENT
                              (BY SMT. SURABHI KULKARNI, ADV.)
                                  -2-
                                         NC: 2023:KHC-D:9254
                                             RSA No. 460 of 2008




     THIS REGULAR SECOND APPEAL IS FILED U/S.100 OF CPC
AGAINST THE JUDGMENT AND DECREE DT.24.8.2007 PASSED IN
R.A.NO.117/2006 ON THE FILE OF THE II ADDL. CIVIL JUDGE
(SR.DN), BELLARY, PARTLY ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DT.19.8.2000 PASSED IN
O.S.NO.79/1995 ON THE FILE OF THE CIVIL JUDGE (JR.DN),
SIRUGUPPA.

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

Learned counsel for respondent has filed a memo

placing on record that sole respondent died on

07.11.2022.

The legal representatives of deceased appellant

No.1(A) and 1(B) are also not brought on record.

In view of the same, above appeal is dismissed as

having abated.

(Sd/-) JUDGE

PJ