Sri Mahadeva vs Sri Channegowda S/O Hutchegowda
2024 Latest Caselaw 19464 Kant

Karnataka High Court

Sri Mahadeva vs Sri Channegowda S/O Hutchegowda on 2 August, 2024

                                              -1-
                                                          NC: 2024:KHC:30820
                                                      RSA No. 2520 of 2011




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 2ND DAY OF AUGUST, 2024

                                          BEFORE

                        THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                    REGULAR SECOND APPEAL NO.2520 OF 2011 (INJ)

                   BETWEEN:

                   SRI MAHADEVA
                   S/O LATE CHANNEGOWDA
                   AGED ABOUT 45 YEARS
                   R/AT SHANKAHALLI, KOPPALU VILLAGE
                   BELAGOLA HOBLI, SRIRANGAPATNA TALUK
                   MANDYA DSITRICT - 571 438
                                                                ...APPELLANT
                   (BY SRI. P.S. VEERESH, ADVOCATE FOR
                       SRI. O SHIVARAMA BHAT, ADVOCATE)

                   AND:

                   1.   SRI CHANNEGOWDA
                        S/O HUTCHEGOWDA
Digitally signed        AGED ABOUT 55 YEARS
by R DEEPA
Location:          2.   SRI. SHANKAR
HIGH COURT              S/O SRI. CHANNEGOWDA ,
OF                      AGED ABOUT 33 YEARS
KARNATAKA
                   3.   LOKESH
                        S/O SRI. CHANNEGOWDA
                        AGED ABOUT 29 YEARS
                        (DELETED VIDE COURT ORDER DATED 03.09.2012)

                        ALL ARE R/O
                        SHANKALLIKOPPAL VILLAGE
                        BELAGOLA HOBLI, SRIRANGAPATNA TALUK
                        MANDYA DISTRICT - 571 435
                            -2-
                                      NC: 2024:KHC:30820
                                    RSA No. 2520 of 2011




4.   KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
     BOARD
     NRUPATHUNGA ROAD
     BENGALURU
     REP. BY ITS C.E.O.

5.   THE SPECIAL LAND ACQUISITION OFFICER
     KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
     BOARD
     RANGE OFFICE, METAGALLI
     MYSURU - 570 016
                                         ...RESPONDENTS

(BY SRI. ASHOK N. NAYAK, ADVOCATE FOR R4 AND R5
    SRI. B.K. MOHAN, ADVOCATE FOR R2
    V/O DATED 03.09.12, R3 IS DELETED
    V/O DATED 04.07.2024 APPEAL AGAINST R1 IS
    DISMISSED AS ABATED)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., R/W
ORDER XLII OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 27.7.2011 PASSED IN R.A.NO.19/2009 ON THE FILE OF
THE ADDL. SENIOR CIVIL JUDGE, SRIRANGAPATNA, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 28.1.2009 PASSED IN O.S.NO.15/2006 ON THE FILE OF
THE PRL. CIVIL JUDGE (JR.DN) & JMFC., SRIRANGAPATNA.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI


                   ORAL JUDGMENT

This Court vide order dated 04.07.2024, noted that

though respondent No.1 died on 04.05.2019, steps are not

taken to bring the legal representatives of deceased

NC: 2024:KHC:30820

respondent No.1 on record, and hence dismissed the

appeal against respondent No.1 as abated by operation of

law.

2. Learned counsel for the appellant submits that

the suit is one for partition and separate possession.

Common interest is involved in this suit. Accordingly, in

view of the law laid down by the Hon'ble Apex Court in the

case of HEMAREDDI (D) THROUGH LRS. VS. RAMACHANDRA

YALLAPPA HOSMANI reported in (2019) 6 SCC 756, the

entire appeal abates and learned counsel for the appellant

also submits that the appeal be dismissed as abated

against the other respondents also.

3. His submission is placed on record.

4. In view of the above law, the appeal is

dismissed as abated.

Sd/-

(ASHOK S. KINAGI) JUDGE RD