Vithalrao S/O Bhimrao Kulkarni vs Shivaji S/O Barmajirao Pawar
2024 Latest Caselaw 19724 Kant

Karnataka High Court

Vithalrao S/O Bhimrao Kulkarni vs Shivaji S/O Barmajirao Pawar on 6 August, 2024

                                             -1-
                                                          NC: 2024:KHC-K:5705
                                                       RSA No. 200240 of 2016




                            IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                          DATED THIS THE 6TH DAY OF AUGUST, 2024

                                          BEFORE
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                     REGULAR SECOND APPEAL NO.200240 OF 2016 (INJ)

                   BETWEEN:

                   VITHALRAO S/O BHIMRAO KULKARNI,
                   AGE: 72 YEARS, OCC: RETD. KEB EMPLOYEE,
                   C/O KRISHNAMURTHY, H.NO.7-5-148/4,
                   OPP: SBH, JAWAHAR NAGAR, RAICHUR.

                                                                 ...APPELLANT
                   (BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)

                   AND:

                   SHIVAJI S/O BARMAJIRAO PAWAR,
                   AGE: 55 YEARS, OCC: BUSINESS,
                   R/O UDAY NAGAR, JEWARGI ROAD,
Digitally signed
by RENUKA          KALABURAGI-585 102.
Location: HIGH
COURT OF                                                       ...RESPONDENT
KARNATAKA          (BY SRI B. D. HANGARKI, ADVOCATE)

                        THIS RSA IS FILED UNDER SECTION 100 OF CPC,
                   PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
                   27.06.2016 PASSED BY THE LEARNED I ADDITIONAL SENIOR
                   CIVIL JUDGE AT KALABURAGI IN R.A.NO.94/2011 AND
                   CONFIRM THE JUDGMENT AND DECREE DATED 14.10.2010
                   PASSED BY THE V-ADDITIONAL CIVIL JUDGE (JR.DN) AND
                   JMFC AT KALABURAGI IN O.S.NO.321/2008.
                               -2-
                                            NC: 2024:KHC-K:5705
                                         RSA No. 200240 of 2016




    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 submitted by the learned counsel for the

appellant that the sole appellant has died.

Steps are not taken to substitute the legal

representatives of the deceased appellant for more than

three months. Hence, the appeal is dismissed as abated.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

LG