Sri M Sannegowda vs Sri M D Subbegowda
2023 Latest Caselaw 8752 Kant

Karnataka High Court

Sri M Sannegowda vs Sri M D Subbegowda on 28 November, 2023

                                         -1-
                                                  NC: 2023:KHC:42981
                                                RSA No. 1324 of 2016




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                      BEFORE

                 THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                 REGULAR SECOND APPEAL NO.1324 OF 2016 (DEC/INJ)

            BETWEEN:

                  SRI M.SANNEGOWDA
                  S/O LATE MARIGOWDA
                  AGED ABOUT 86 YEARS
                  R/O MEKANAGADDE VILLAGE
                  MUDIGERE
                  MUDIGERE TALUK - 577 132
                  CHIKKAMAGALURU DISTRICT

                                                       ...APPELLANT
            (BY SRI.RENUKARADHYA R D, ADVOCATE)

            AND:
Digitally
signed by
ALBHAGYA    1.    SRI.M.D.SUBBEGOWDA
Location:         W/O LATE DEVE GOWDA
HIGH              AGED ABOUT 62 YEARS
COURT OF
KARNATAKA         R/O MEKANAGADDE VILLAGE
                  MUDIGERE
                  MUDIGERE TALUK - 577 132
                  CHIKKAMAGALUR DISTRICT

            2.    THE TAHSILDAR MUDIGERE
                  MUDIGERE TALUK - 577 132
                  CHIKKAMAGALUR DISTRICT
                               -2-
                                           NC: 2023:KHC:42981
                                         RSA No. 1324 of 2016




3.   THE CHIEF SECRETARY
     GOVERNMENT OF KARNATAKA
     VIDHANA SOUDHA
     BENGALURU - 560 001

                                               ...RESPONDENTS
(BY SRI.B.MAHESH, ADVOCATE FOR R.1;
SMT.ANUKANKSHA KALKERI, AGA FOR R.2 AND R.3)

        THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 05.03.2016 PASSED IN
R.A.NO.40/2015 ON THE FILE OF THE 1ST ADDL. SENIOR
CIVIL    JUDGE,     CHIKKAMAGALURU       TO     ITINERATE   AT
MUDIGERE, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 17.04.2015 PASSED IN
O.S.NO.94/2011 ON THE FILE OF THE ADDL. CIVIL JUDGE AND
JMFC., MUDIGERE AND ETC.

        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Learned AGA accepts notice for respondent

Nos.2 and 3.

2. The sole appellant is reported to be dead two

years back.

NC: 2023:KHC:42981

3. The learned counsel on record submits that

the legal heirs of sole appellant have not come forward to

take steps in the matter.

4. The said statement is taken on record.

Therefore, the appeal is dismissed as abated.

Sd/-

JUDGE

NBM