Karnataka High Court
Mohan S/O Gurupadappa Shatagar vs Yallappa S/O Vithal Kalal Ors on 7 August, 2024
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NC: 2024:KHC-K:5772
RSA No. 7359 of 2010
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR SECOND APPEAL NO. 7359 OF 2010 (DEC/INJ)
BETWEEN:
MOHAN S/O GURUPADAPPA SHATAGAR
AGED ABOUT 49 YEARS,
OCC:AGRICULTURE & SERVICE,
R/O. SHAPUR GATE, GAVALLI GALLI,
DIST. BIJAPUR.
...APPELLANT
(APPELLANT IS DEAD)
AND:
1. YALLAPPA S/O VITHAL KALAL,
AGED ABOUT 79 YEARS, OCC:AGRICULTURE,
R/O. KALAIGALLI, SHAHAPUR GATE,
DIST. BIJAPUR.
Digitally signed 2. GANAPATI S/O VITHAL KALAL,
by RENUKA SINCE DECEASED BY LRS.
Location: HIGH
COURT OF 2A. CHANDRABAI W/O VITHAL KALAL.
KARNATAKA
AGED ABOUT 69 YEARS, OCC:HOUSEHOLD WORK,
R/O. KALAIGALLI, SHAHAPUR GATE,
DIST. BIJAPUR.
2B. SUBHASH S/O VITHAL KALAL,
AGED ABOUT 32 YEARS, OCC: AGRICULTURE,
R/O. KALAIGALLI, SHAHAPUR GATE,
DIST. BIJAPUR.
2C. APPSAHEB S/O VITHAL KALAL,
AGED ABOUT 30 YEARS, OCC: AGRICULTURE,
R/O. KALAIGALLI, SHAHAPUR GATE,
DIST. BIJAPUR.
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NC: 2024:KHC-K:5772
RSA No. 7359 of 2010
2D. BHARATI W/O RAJU BILGIKAR @ KALAL,
AGED ABOUT 39 YEARS, OCC: HOUSEHOLD WORK,
R/O. UPPAR GALLI, RABKAVI, JAMKHANDI,
DIST. BAGALKOT.
2E. REKHA D/O VITHAL KALAL,
AGED ABOUT 34 YEARS, OCC: HOUSEHOLD WORK,
R/O. KALAIGALLI, SHAHAPUR GATE,
DIST. BIJAPUR.
2F. GEETA W/O SANJU GANDGALE @ KALAL,
AGED ABOUT 33 YEARS, OCC: HOUSEHOLD WORK,
R/O. GULEDGUDDA, TQ. BADAMI,
DIST. BAGALKOT.
2G. KOUSALLYA W/O SADASHIV GANDGALE @ KALAL,
AGED ABOUT 33 YEARS, OCC: HOUSEHOLD WORK,
R/O. GULEDGUDDA, TQ.BADAMI,
DIST. BAGALKOT.
3. GURUPADAPPA S/O ADIVEPPA SHATAGAR,
SINCE DECEASED BY LRS.
3A. MALA W/O IRAPPA HAWALDAR,
AGED ABOUT 62 YEARS, OCC: HOUSEHOLD WORK,
R/O. VEERESHWAR NAGAR, MUDDEBIHAL,
DIST. BIJAPUR
3B. SUREKHA W/O SUBHAS SANIKNAVAR,
AGED ABOUT 56 YEARS, OCC: HOUSEHOLD WORK,
R/O. JORAPUR PETH,
DIST. BIJAPUR.
3C. SAVITRI D/O GURUPADAPPA SHATAGAR,
AGED ABOUT 44 YEARS, OCC: HOUSEHOLD WORK,
R/O. C/O. KUMAR CHAWAN, SHINDE COLONY,
GYANG BOVDI,
DIST. BIJAPUR.
3D. DRAKSHAYANI W/O ASHOK RENDALE,
AGE : 39 YEARS, OCC: HOUSEHOLD WORK,
R/O. KERUR, CHIKKODI,
DIST. BELGAUM
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NC: 2024:KHC-K:5772
RSA No. 7359 of 2010
4. SIDDUBAI W/O BALAKRISHNA PANALKAR @ KALAL,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O. SHAKTINAGAR, JAIL ROAD, BIJAPUR
...RESPONDENTS
(BY SRI D. P. AMBEKAR, ADVOCATE FOR R1;
R2(D), R2(F), R2(G), R3(A), R3(B), AND R3(D) ARE SERVED.)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE
JUDGMENT AND DECREE DATED 22.7.2010 PASSED IN
R.A.NO.129/2006 BY THE LEARNED PRINCIPAL CIVIL JUDGE
(SR.DN) AT BIJAPUR, PARTLY DECREEING SUIT ON 3/7/2006
IN O.S.NO.40/1997 ON THE FILE OF LEARNED IIND
ADDITIONAL CIVIL JUDGE (JR.DN) AT BIJAPUR.
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 that the sole appellant is no more.
Hence, the appeal is dismissed as abated.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
KBM
CT:PK
