G N Nagarajappa vs Hanumanthappa
2023 Latest Caselaw 8243 Kant

Karnataka High Court

G N Nagarajappa vs Hanumanthappa on 23 November, 2023

                                            -1-
                                                     NC: 2023:KHC:42306
                                                   RSA No. 3059 of 2007




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 23RD DAY OF NOVEMBER, 2023

                                        BEFORE
                        THE HON'BLE MR JUSTICE G BASAVARAJA
                REGULAR SECOND APPEAL NO. 3059 OF 2007 (DEC & INJ)

               BETWEEN:


               G.N. NAGARAJAPPA,
               AGE 46 YEARS,
               S/O. LATE NAGANNA,
               R/O. JADEKUNTE VILLAGE,
               KASABA HOBLI,
               CHALLAKERE TALUK,
               TUMKUR DISTRICT - 577 522.
                                                           ...APPELLANT
               (BY SRI. HARISH N.R., ADVOCATE FOR
                  SRI. PATEL D. KAREGOWDA, ADVOCATE)

               AND:
Digitally
signed by
SANDHYA S      1.      HANUMANTHAPPA,
Location:
High Court             SINCE DEAD BY HIS LRS.
of Karnataka

               1.(a) THIMMAKKA,
                     AGE 70 YEARS
                     W/O HANUMANTHAPPA,
                     R/O DINDAVARA VILLAGE,
                     HIRIYUR TALUK,
                     CHITRADURGA DIST - 572 144.
               1.(b) NAGENDRAMMA,
                     AGE 30 YEARS
                     W/O NAGARAJA,
                     R/O DINDAVARA VILLAGE,
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                                        NC: 2023:KHC:42306
                                      RSA No. 3059 of 2007




        HIRIYUR TALUK,
        CHITRADURGA DIST - 572 144.
1.(c)   PREMAKKA,
        AGE 28 YEARS
        W/O RANGASWAMY,
        R/O DINDAVARA VILLAGE,
        HIRIYUR TALUK,
        CHITRADURGA DIST -572 144.
2.      JUNJANNA,
        AGE 46 YEARS
        S/O LATE NAGANNA,
        R/O JADEKUNTE VILLAGE,
        KASABA HOBLI,
        CHALLAKERE TALUK - 577 522.
3.      HANUMANTHAPPA,
        AGE 60 YEARS
        S/O LATE ERAPPA,
        AGRICULTURIST,
        R/O JADEKUNTE VILLAGE,
        KASABA HOBLI,
        CHALLAKERE TALUK - 577 522.
4.      SHANTHAMMA,
        AGE 50 YEARS
        W/O LATE ERAPPA,
        R/O JADEKUNTE VILLAGE,
        CHALLAKERE TALUK,
        CHITRADURGA DIST - 877 522.
5.      BHEEMANNA,
        SINCE DEAD BY HIS LRS.
      JAYAMMA,
5.(a) AGE 45 YEARS
      W/O LATE BHEEMANNA,
5.(b) MUDDAGIRIYAPPA,
      AGE 25 YEARS
      S/O LATE. BHEEMANNA,
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                                          NC: 2023:KHC:42306
                                     RSA No. 3059 of 2007




      BOTH 5(a) AND 5(b) ARE
      R/O. JADEKUNTE VILLAGE,
      KASABA HOBLI POST,
      CHALLAKERE TALUK,
      CHITRADURGA DIST.
                                             ...RESPONDENTS
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR R3;
    SRI. B.M. SIDDAPPA, ADVOCATE FOR R5;
    R1(A), R1(B), R1(C), R2, R4, R5(A), R5(B) ARE
    SERVED AND UNREPRESENTED)

     THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGEMENT AND DECREE DATED 06.09.2007 PASSED IN
RA.NO.379/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
CHALLAKERE, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGEMENT AND DECREE DATED 11.07.2002 PASSED IN
OS.NO.256/1997 ON THE FILE OF THE ADDL.CIVIL JUDGE
(JR.DN.) CHALLAKERE AND ETC.,

     THIS APPEAL, COMING ON FOR ARGUMETNS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

It is submitted by proxy counsel that the sole

appellant was expired in the year 2020.

2. In view of the submission made by the learned

proxy counsel, appeal is abated.

NC: 2023:KHC:42306

3. The legal representatives of deceased appellant

are at liberty to file necessary application in accordance

with law.

Sd/-

JUDGE

SSD