Laxmibai W/O Shivarudra Sonar vs Gangadhar Tukaram Sonar
2023 Latest Caselaw 2841 Kant

                                                 -1-
                                                             RSA No. 5200 of 2013




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 2ND DAY OF JUNE, 2023

                                               BEFORE
                           THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                          REGULAR SECOND APPEAL NO. 5200 OF 2013 (DEC)
                    BETWEEN:

                    1.    SMT. LAXMIBAI W/O SHIVARUDRA SONAR
                          AGE: 70 YEARS, OCC: HOUSEHOLD WORK,
                          R/O: BHIRDI, TQ: RAIBAG,
                          DIST: BELGAUM-590001.

                    2.    SRI. SHANKAR SHIVARUDRA SONAR,
                          AGE: 47 YEARS, OCC: AGRICULTURE,
                          R/O. BHIRDI, TQ: RAIBAG,
                          DIST: BELGAUM-590001.
                                                                     ...APPELLANTS
                    (BY SRI. G B SHASTRY, ADVOCATE)

                    AND:

                          SRI. GANGADHAR TUKARAM SONAR,
                          AGE: 58 YEARS, OCC: AGRICULTURE,
                          R/O: BHIRDI, TQ: RAIBAG,
SUJATA
        Digitally
        signed by
                          DIST: BELGAUM-590001.
SUBHASH SUJATA
PAMMAR SUBHASH                                                      ...RESPONDENT
        PAMMAR
                    (BY SRI. RAJASHEKHAR BURJI, ADVOCATE)

                         THIS RSA FILED U/S.100 OF CPC, AGAINST THE JUDGMENT &
                    DECREE DTD: 19.11.2012 PASSED IN R.A.NO.51/2008 ON THE FILE
                    OF THE SENIOR CIVIL JUDGE & JMFC, RAIBAG, DISMISSING THE
                    APPEAL, FILED AGAINST THE JUDGMENT DTD: 13.12.2006 AND THE
                    DECREE PASSED IN O.S.NO.55/2005 ON THE FILE OF THE PRL.CIVIL
                    JUDGE (JR.DN.) RAIBAG, DECREEING THE SUIT FILED FOR
                    DECLARATION AND CONSEQUENTIAL RELIEF OF PERPETUAL
                    INJUNCTION.

                         THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
                    THE COURT MADE THE FOLLOWING:
                                -2-
                                       RSA No. 5200 of 2013




                              ORDER

Learned counsel for the appellants has filed a memo

reporting that appellant No.2-Shankar Shivarudra Sonar died

on 24.09.2020 and the appellant No.1-Laxmibai Shivarudra

Sonar died on 01.04.2020. Both the appellants died in 2020

itself but the legal heirs have not shown any interest in

prosecuting the matter by coming on record as legal heirs.

Hence, the appeal filed by the appellants stands abated.

Sd/-

JUDGE