Veerabaswantrao S/O. Annarao Khande vs Smt.Lalita W/O Veerbaswantrao Khande
2024 Latest Caselaw 19555 Kant

Karnataka High Court

Veerabaswantrao S/O. Annarao Khande vs Smt.Lalita W/O Veerbaswantrao Khande on 5 August, 2024

                                             -1-
                                                      NC: 2024:KHC-K:5660
                                                     RSA No. 7039 of 2010




                            IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                          DATED THIS THE 5TH DAY OF AUGUST, 2024

                                            BEFORE
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                     REGULAR SECOND APPEAL NO.7039 OF 2010 (DEC)

                   BETWEEN:

                   VEERABASWANTRAO
                   S/O ANNARAO KHANDE,
                   SINCE DECEASED BY LRS:

                   1(A). DR. VIJAY LAXMI KHANDE
                         W/O LATE VEERABASWANTRAO KHANDE,
                         AGE: 58 YEARS,
                         OCC: DOCTOR.

                   1(B). HARSA KHANDE
                         D/O LATE VEERABASWANTRAO KHANDE,
                         AGE: 35 YEARS,
                         OCC: ENGINEER.
Digitally signed
by RENUKA          BOTH ARE R/O H.NO.10-2-133,
Location: HIGH     BEHIND DISTRICT COURT,
COURT OF           ANAND NAGAR, KALABURAGI.
KARNATAKA
                                                            ...APPELLANTS

                   (APPELLANTS ARE SERVED THROUGH COURT NOTICE)

                   AND:

                   SMT. LALITA W/O VEERBASWANTRAO KHANDE
                   AGE: 50 YEARS, OCC:HOUSEHOLD,
                   R/O KOUTHA-B, TQ. AURAD, BIDAR.

                                                            ...RESPONDENT
                               -2-
                                              NC: 2024:KHC-K:5660
                                          RSA No. 7039 of 2010




      THIS   REGULAR    SECOND       APPEAL    IS   FILED   UNDER
SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT
AND   DECREE   PASSED    BY    THE    PRINCIPAL     CIVIL JUDGE
(SR.DN.), BIDAR IN O.S.NO.116/2001, DATED 07.03.2007 AND
R.A.NO.86/2007, PASSED BY THE PRINCIPAL DISTRICT JUDGE,
BIDAR AND ALLOW THE SUIT BY PASSING JUDGMENT AND
DECREE AS PRAYED FOR.


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



CORAM:    HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                       ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

It is noticed that the application to substitute the

legal representatives of deceased appellant is allowed vide

order dated 13.03.2024. However, the cause-title is not

amended.

Registry to amend the cause-title.

NC: 2024:KHC-K:5660

Notice issued to appellants No.1(a) and (b) is duly

served. The names of appellants No.1(a) and (b) are

reflected in the cause-list. None appears for the appellants

No.1(a) and (b). Hence, the appeal is dismissed for non-

prosecution.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

RSP