Mallikarjun S/O Sharnayya Swamy vs Vijay Kumar S/O Malleshappa ...
2023 Latest Caselaw 2897 Kant

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                                                        RSA No. 7081 of 2009




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                            DATED THIS THE 5TH DAY OF JUNE, 2023

                                           BEFORE
                         THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA


                        REGULAR SECOND APPEAL NO. 7081 OF 2009 (DEC)
                   BETWEEN:

                   MALLIKARJUN S/O SHARNAYYA SWAMY
                   OCC BANK SERVCIE R/O GULBARGA
                   NOW AT BANGALORE

                                                                ...APPELLANT

                   (BY SRI. CHAITANYAKUMAR C M, ADVOCATE)

                   AND:

                   1.    VIJAY KUMAR S/O MALLESHAPPA HUVANAHALLI
                         OCC AGRICULURE R/O 37, RAJAPUR
                         GULBARGA
Digitally signed
by RAMESH
MATHAPATI          2.    CHANDRASHEKAR S/O MALLESHAPPA HUVANAHALLI
Location: High           R/O NO.37, RAJAPUR RAJAPUR
Court of                 GULBARGA
Karnataka
                                                             ...RESPONDENTS

                   (BY SRI. G S BIRADAR & V G BIRADAR, ADVOCATES)

                          THIS RSA IS FILED UNDER SECTION 100 OF CPC
                   AGAINST THE JUDGMENT     AND     DECREE DATED 15.09.2008
                   PASSED IN R.A.NO.41/2005 ON THE FILE OF THE III ADDL.
                   DISTRICT JUDGE, AT GULBARGA, DISMISSING THE APPEAL
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                                           RSA No. 7081 of 2009




AND   CONFIRMING      THE      JUDGMENT   AND     DECREE   DATED
10.06.2005 PASSED IN OS NO.294/1998           ON THE FILE OF THE
II ADDL CIVIL JUDGE(SR.DN) GULBARGA.

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

COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

1. On the earlier occasion, on 09.01.2023 this Court noticed

that the appellant has died.

2. Since no steps have been taken within the prescribed

time, the appeal shall stand abated. However, liberty is

reserved to the legal representatives of the appellant to make

an application for setting aside abatement.

Sd/-

JUDGE