Veerabadrappa S/O. Bheemappa ... vs Ninganagouda S/O. Bharanagouda ...
2023 Latest Caselaw 4197 Kant

                                                      -1-
                                                             NC: 2023:KHC-D:6936
                                                                RSA No. 5545 of 2012




                                       IN THE HIGH COURT OF KARNATAKA,

                                               DHARWAD BENCH

                                     DATED THIS THE 10TH DAY OF JULY, 2023

                                                    BEFORE
                                  THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                                 REGULAR SECOND APPEAL NO. 5545 OF 2012 (DEC-)


                            BETWEEN:

                                 VEERABADRAPPA
                                 S/O BHEEMAPPA MADIVALAR
                                 AGE: 68 YEARS,
                                 OCC: AGRICULTURE,
                                 R/O: HARLAPUR,
                                 TQ: KUNDAGOL,
                                 DIST: DHARWAD.

                                                                        ...APPELLANT

                            (BY SRI. S.M.KALWAD, ADVOCATE)

                            AND:
           Digitally
           signed by
           YASHAVANT
YASHAVANT
NARAYANKAR
           NARAYANKAR
           Date:
           2023.07.13
                            1.   NINGANAGOUDA
           11:44:08 -0700
                                 S/O BHARAMAGOUDA PATIL,
                                 AGE: 73 YEARS,
                                 OCC: AGRICULTURE,
                                 R/O: HARLAPUR,
                                 TQ: KUNDAGOL,
                                 DIST: DHARWAD-581113.

                            2.   AJITGOUDA
                                 S/O NINGANAGOUDA PATIL
                                 AGE: 53 YEARS,
                                 OCC: AGRICULTURE,
                                 R/O: HARLAPUR,
                                 TQ: KUNDAGOL,
                              -2-
                                    NC: 2023:KHC-D:6936
                                       RSA No. 5545 of 2012




     DIST: DHARWAD-581113.

3.   JAYAPPAGOUDA
     S/O NINGANAGOUDA PATIL
     AGE: 48 YEARS,
     OCC: DOCTOR,
     R/O: HARLAPUR,
     TQ: KUNDAGOL,
     DIST: DHARWAD-581113.

4.   PADMAGOUDA
     S/O NINGANAGOUDA PATIL,
     AGE: 48 YEARS,
     OCC: ITI COLLEGE,
     R/O: LAKSHMESHWAR-582116.

                                              ...RESPONDENTS

(BY SRI. LAXMAN T MANTAGANI FOR R1 TO R4, ADVOCATE)

      THIS RSA IS FILED      U/S.100 OF CPC      AGAINST THE

JUDGMENT    AND   DECREE     DTD:   09.02.2012    PASSED   IN

R.A.NO.64/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL

JUDGE, HUBLI, DISMISSING THE APPEAL FILED AGAINST THE

JUDGMENT    AND   DECREE     DTD:   01.06.2010    PASSED   IN

OS.NO.25/2004 ON THE FILE OF THE CIVIL JUDGE AND JMFC.,

KUNDAGOLA, DISMISSING THE SUIT FILED FOR DECLARATION

AND PERMANENT INJUNCTION.



      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:
                             -3-
                                   NC: 2023:KHC-D:6936
                                         RSA No. 5545 of 2012




                          ORDER

Memo is filed by the learned counsel for the appellant

reporting that sole appellant has died on 12.03.2022 itself.

The copy of the death extract is also filed. However, in

spite of lapse of more than one year, no steps were taken

by the legal heirs of deceased sole appellant.

Hence, the appeal stands abated.

Sd/-

JUDGE

SSP