Vittal B Patil vs Basanagowda
2024 Latest Caselaw 3383 Kant

Karnataka High Court

Vittal B Patil vs Basanagowda on 5 February, 2024

                                         -1-
                                                NC: 2024:KHC-D:2449
                                                   RSA No. 5169 of 2008




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                   DATED THIS THE 5TH DAY OF FEBRUARY, 2024

                                       BEFORE

                      THE HON'BLE MR JUSTICE R.NATARAJ

                 REGULAR SECOND APPEAL NO.5169/2008(PAR)


            BETWEEN:

            VITTAL B. PATIL,
            S/O. HANUMAPPA B. PATIL,
            AGED ABOUT 55 YEARS,
            OCC.: AGRICULTURIST,
            R/O: VARCHAGAL,
            MUDHOL TALUK,
            BAGALKOT DISTRICT.
                                                           ...APPELLANT
            (BY SRI V. P. KULKARNI, ADVOCATE)

            AND:

            1.   BASANAGOWDA
Digitally        S/O. HANUMAPPA PATIL,
signed by
ROHAN            AGED ABOUT 57 YEARS,
HADIMANI
T                OCCU: AGRICULTURIST,
                 R/O: VARCHAGAL,
                 MUDHOL TALUK,
                 BAGALKOT DISTRICT.

            2.   SMT. GOWRAWWA
                 W/O. VITHAL B. PATIL,
                 AGED ABOUT 50 YEARS,
                 OCCU: AGRICULTURIST,
                 R/O: VARCHAGAL,
                 MUDHOL TALUK,
                 BAGALKOT DISTRICT.
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                                   NC: 2024:KHC-D:2449
                                          RSA No. 5169 of 2008




3.   THIMMANNA
     S/O. VITHAL PATIL,
     AGED ABOUT 30 YEARS,
     OCCU: AGRICULTURIST,
     R/O: VARCHAGAL,
     MUDHOL TALUK,
     BAGALKOT DISTRICT.

4.   SMT. GOWRAVVA @ THIPPAVVA,
     W/O. KIDIAPPA SALAPUR,
     AGED ABOUT 50 YEARS,
     OCCU: HOUSEHOLD WORK,
     R/O: BUDNI B. K., MUDHOL TALUK,
     BAGALKOT DISTRICT.
                                        ...RESPONDENTS
(BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R2 & R3;
    SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R4;
    NOTICE TO R1 IS SERVED)

      THIS RSA IS FILED UNDER SECTION 100 OF CPC.,

AGAINST THE JUDGMENT AND DECREE DATED 26/06/2008

PASSED IN R.A.NO.93/2006 ON THE FILE OF THE ADDL. CIVIL

JUDGE (SR.DN), JAMKHANDI SITTING AT MUDHOL, ALLOWING

THE APPEAL, FILED AGAINST THE JUDGMENT AND DECREE

DATED 28/03/2006 PASSED IN O.S.NO.230/2002 ON THE FILE

OF   THE   ADDITIONAL   CIVIL     JUDGE     (JR.DN),   MUDHOL,

DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE

POSSESSION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:
                              -3-
                                   NC: 2024:KHC-D:2449
                                      RSA No. 5169 of 2008




                          ORDER

Respondent No.4 was plaintiff before the trial Court

has expired and no steps are taken to bring the legal

representatives of respondent No.4 on record. Hence, the

appeal is disposed off as having abated.

SD/-

JUDGE

RH

CT-ASC