Sangappa S/O. Bhimappa Yalagon @ ... vs Shrishail S/O. Bhimappa Yalagon @ ...
2023 Latest Caselaw 2879 Kant

                                                 -1-
                                                           RSA No. 5187 of 2012




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 5TH DAY OF JUNE, 2023

                                              BEFORE
                          THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                        REGULAR SECOND APPEAL NO. 5187 OF 2012 (PAR-)
                   BETWEEN:

                         SANGAPPA
                         S/O. BHIMAPPA YALAGON @ PATIL
                         @ TUNGAL, AGE: 53 YEARS,
                         OCC: AGRICULTURE,
                         R/O: BEHIND KAILAS LODGE,
                         MUDHOL ROAD, JAMKHANDI-587301,
                         DIST: BAGALKOT.

                                                                   ...APPELLANT
                   (BY SRI. RAVI S BALIKAI.,ADVOCATE)

                   AND:

                   1.    SHRISHAIL
                         S/O. BHIMAPPA YALAGON @ PATIL ,
                         @ TUNGAL, AGE: 48 YEARS,
                         OCC: AGRICULTURE AND MANSON,
YASHAVANT
NARAYANKAR               R/O: KADAPATTI-587321,
                         TQ: JAMKHANDI, DIST: BAGALKOT.
Digitally signed
by YASHAVANT
NARAYANKAR         2.    SMT. SHANTA
                         W/O. SANGAPPA YALAGON @ PATIL,
                         @ TUNGAL, AGE: 50 YEARS,
                         OCC: HOUSEHOLD WORK,
                         R/O. MUDHOL ROAD, JAMKHANDI-587301,
                         DIST: BAGALKOT.

                   3.    SMT. GANGAVVA
                         W/O. BASAPPA NINGANUR @ KAGI,
                         AGE: 72 YEARS, OCC: HOUSEHOLD WORK,
                         R/O: TUNGAL, TQ: JAMKHANDI-587543,
                         DIST: BAGALKOT.
                              -2-
                                         RSA No. 5187 of 2012




4.   SMT. GOURAWWA
     W/O. SHIDDRAPPA KOTYAL,
     AGE: 67 YEARS, OCC: HOUSEHOLD WORK,
     R/O. JAMBAGI-587543, TQ: JAMAKHANDI,
     DIST: BAGALKOT.

5.   SMT. NIMBEWWA
     W/O. BHIMAPPA YALAGON @ PATIL,
     @ TUNGAL, AGE: 62 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O. KADAPATTI-587334, TQ: JAMKAHNDI,
     DIST: BAGALKOT.

6.   SMT. SAYAVVA @ MAHADEVI
     W/O. ARJUN MANTUR, AGE: 60 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O. SHIRAGUPPI-587213,
     TQ: JAMKHANDI, DIST: BAGALKOT.

7.   SMT. PARAVVA
     W/O. APPASHI KOTYAL,
     AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
     R/O. KADAPATTI-587334,
     TQ: JAMKHANDI, DIST: BAGALKOT.

                                              ...RESPONDENTS

(BY SRI. M.C. HUKKERI FOR R1 AND R2;
R3, R5, R6-NOTICE SERVED;
SRI. M.V. HIREMATH; AND
SRI. V.S.KALASURMATH FOR R4 AND R7, ADVOCATES)

     THIS RSA FILED U/S. 100 OF CPC 1908., AGAINST THE
JUDGEMENT      &   DECREE    DTD:16.11.2011   PASSED     IN
R.A.NO.175/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT, JAMAKHANDI, DISMISSING THE APPEAL, FILED
AGAINST THE JUDGMENT DTD:28.09.2010 AND THE DECREE
PASSED IN O.S.NO.130/2007 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, JAMKHANDI, DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                                -3-
                                            RSA No. 5187 of 2012




                             ORDER

Learned counsel for the appellant along with a copy of the

death certificate filed a memo reporting that sole appellant died

on 22.12.2020 in Miraj. Inspite of lapse of nearly 2 and 1/2 years,

the legal heirs of the deceased appellant have not taken any

interest to prosecute the matter by coming on record. Hence, the

appeal stands abated.

Sd/-

JUDGE

YAN