Basappa S/O.Mallappa Amrad vs Gangavva W/O. Yellappa Amrad
2023 Latest Caselaw 2765 Kant

                                                 -1-
                                                          RSA No. 100100 of 2014




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 1ST DAY OF JUNE, 2023

                                              BEFORE

                          THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

                   REGULAR SECOND APPEAL NO. 100100 OF 2014 (DEC/INJ)

                   BETWEEN:

                         BASAPPA S/O.MALLAPPA AMRAD
                         SINCE DECEASED REP. BY HIS LRS

                   1.    SMT. HOLEYAVVA W/O. BASAPPA AMRAD
                         AGE: 66 YEARS,
                         OCC: AGRICULTURE
                         R/O. HAMPASAGAR, H B HALLI TALUK,
                         BELLARY DISTRICT-583101.

                   2.    SMT. FAKKIRAVVA W/O. BHARAMAPPA AMRAD
                         AGE: 61 YEARS,
                         OCC: AGRICULTURE
                         R/O. HAMPASAGAR, H B HALLI TALUK,
                         BELLARY DISTRICT-583101.
SUJATA
SUBHASH
PAMMAR                                                              ...APPELLANTS
Digitally signed
by SUJATA
                   (BY SRI. S M KALWAD, ADVOCATE)
SUBHASH
PAMMAR
                   AND:

                         GANGAVVA W/O. YELLAPPA AMRAD
                         SINCE DECEASED BY HIS LRS

                   1A. GUNDAVVA W/O. MUDAKAPPA AMARAD
                       @ AADI, AGE: 67 YEARS,
                       OCC: HOUSEHOLD.

                   2.    SMT. FAKKIRAVVA W/O. LAXMAPPA AMRAD
                         AGE: 72 YEARS,
                         OCC: AGRICULTURE.
                              -2-
                                         RSA No. 100100 of 2014




3.   SRI. LAXMAPPA AMRAD
     AGE: 49 YEARS,
     OCC: AGRICULTURE.

4.   MUDAKAPPA S/O. LAXMAPPA AMRAD
     AGE: 45 YEARS,
     OCC: AGRICULTURE.

5.   KOTRAPPA S/O. LAXMAPPA AMRAD
     AGE: 42 YEARS,
     OCC: AGRICULTURE.

6.   MALLAPPA S/O.LAXMAPPA AMRAD
     AGE: 49 YEARS,
     OCC: AGRICULTURE

7.   BASAPPA S/O. LAXMAPPA AMRAD
     AGE:40 YEARS,
     OCC: AGRICULTURE

     ALL ARE R/O: HAMPASAGAR,
     H.B.HALLI TALUK,
     BELLARY DISTRICT-583101.

                                                  ...RESPONDENTS

(BY SRI. GANGADHAR J M & SRI. PRAVEEN P TARIKAR ADVOCATES
FOR R1(A), R2, R5 TO R7;
APPEAL AGAINST R3 & R4-ABATED)

     THIS RSA FILED U/S. 100 OF CPC, AGAINST THE JUDGMENT &
DECREE DTD: 11.06.2013 PASSED IN R.A.NO.43/2012 ON THE FILE
OF THE PRINCIPAL     SENIOR CIVIL    JUDGE & JMFC., HOSPET,
DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT AND
DECREE DTD: 16.04.2012 AND THE DECREE PASSED IN O.S.NO.
85/2008   ON   THE   FILE   OF   CIVIL    JUDGE   &   JMFC.,    AT
HAGARIBOMMANAHALLI.     DISMISSING       THE   SUIT   FILED    FOR
DECLARATION & INJUNCTION.
                               -3-
                                      RSA No. 100100 of 2014




      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:


                             ORDER

A memo is filed along with receipt for having paid the

costs.

Learned counsel for the appellants has also filed a

memo reporting death of both the appellants. It is stated in

the memo that the appellant No.2 died on 02.04.2017 while

it is submitted that the date of death of appellant No.1 is yet

to be asserted. However, he submits that appellant No.1 died

in 2018 or 2019 itself. The legal heirs of deceased appellants

have not shown any interest in prosecuting the appeal.

Hence, the appeal filed by both the appellants stands

dismissed as abated.

Sd/-

JUDGE