Shri. Prashantkumar S/O Shankar ... vs Shri. Sadashiv Dundappa Patil
2023 Latest Caselaw 683 Kant

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                                          RSA No.5812 of 2011


         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

     DATED THIS THE 10TH DAY OF JANUARY, 2023

                     BEFORE
       THE HON'BLE MR JUSTICE M.G.S. KAMAL

              R.S.A.NO.5812 OF 2011 (SP)

BETWEEN:

     SHRI PRASHANTKUMAR S/O SHANKAR KORI,
     AGE: 37 YEARS, OCC: AGRICULTURE,
     R/O HUKKERI-591 306, DIST. BELGAUM.
                                                  ...APPELLANT
(BY SRI SMT.SUNANDA P.PATIL, ADV.,)

AND:

     SHRI SADASHIV DUNDAPPA PATIL
     SINCE DECEASED BY HIS
     LEGAL REPRESENTATIVES

1.   SMT. INDIRABAI W/O SADASHIV PATIL,
     AGE: 49 YEARS, OCC: HOUSEHOLD,
     R/O HALLASDKERI, HUKKERI,
     DIST. BELGAUM.

2.   SHRI DURDUNDIGOUDA
     S/O SADASHIV PATIL
     AGE: 32 YEARS, OCC: AGRICULTURE,
     R/O HALLADKERI-591 306,
     HUKKERI, DIST. BELGAUM.

3.   SMT. SATTEVVA W/O RAVI AASHI,
     AGE: 34 YEARS, OCC: HOUSEHOLD,
     R/O GOKAK FALLS ROAD,
     NEAR RURAL POLICE STATION,
     GOKAK-591 308, DIST. BELGAUM.

4.   SHRI KALAGOUDA SADASHIV PATIL
     AGE: 38 YEARS, OCC: AGRICULTURE,
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                                           RSA No.5812 of 2011


      R/O HALLADKERI591 306,
      HUKKERI, DIST. BELGAUM.
                                              ...RESPONDENTS
(BY    SRI RAMESH I ZIRALI FOR R1 & R4, ADV.
       NOTICE TO RESPONDENT NO.3 : SERVED,
       NOTICE TO RESPONDENT NO.2 : HELD SUFFICIENT.)

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING THIS
COURT TO SET ASIDE THE JUDGMENT AND DECREE DATED
30.05.2011 PASSED BY THE FAST TRACK COURT AND ADHOC
DISTRICT JUDGE, HUKKERI IN R.A.NO.146/2009 AND SUCH OTHER
RELIEFS.

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

                              JUDGMENT

The sole appellant is stated to have passed away on

18.01.2021.

Learned counsel for the appellant submits that,

despite her best efforts, the legal heirs of the deceased

appellant are not showing any interest in the matter. In

that view of the matter and the appeal having been abated

by operation of law, nothing survives for consideration and

accordingly the same is dismissed as abated.

sd JUDGE