Channappa S/O Ulavappa Kamate vs Parvatewwa W/O Ningappa Shivalli
2024 Latest Caselaw 4058 Kant

Karnataka High Court

Channappa S/O Ulavappa Kamate vs Parvatewwa W/O Ningappa Shivalli on 9 February, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                  -1-
                                                          NC: 2024:KHC-D:3012
                                                               RFA No. 4071 of 2013




                          IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 09TH DAY OF FEBRUARY, 2024

                                                 BEFORE

                          THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

                            REGULAR FIRST APPEAL NO. 4071 OF 2013 (PAR)

                     BETWEEN:


                     CHANNAPPA S/O ULAVAPPA KAMATI
                     AGE: 53 YEARS, OCC: AGRICULTURE,
                     R/O: KUMATI ONI,
                     KAMALAPUR, TQ & DIST. DHARWAD.
                                                                        ...APPELLANT
                     (BY SRI S.B.MALLIGAWAD, ADVOCATE)

                     AND:

                     1.   SMT. PARVATEWWA W/O NINGAPPA SHIVALLI,
                          AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
                          R/O: HOSA ONI, SAIDAPUR,
                          DHARWAD.

                     2.   SRI MADIVALAPPA S/O ULAVAPPA KAMTHI,
                          AGE: 61 YEARS, OCC: SERVICE,
                          R/O: WATER SUPPLY AND DRIANAGE BOARD,
                          SUB DIVISION NO.1, GADAG.
        Digitally
        signed by
        SUJATA
SUJATA  SUBHASH
SUBHASH PAMMAR
                     3.   SRI. YELLAPPA S/O ULAVAPPA KAMTHI,
PAMMAR Date:
        2024.02.14        AGE: 58 YEARS, OCC: AGRICULTURE,
        06:55:32
        +0530             R/O: KAMATHI ONI, KAMALAPUR,
                          DHARWAD.
                          TQ AND DIST. DHARWAD.
                                                                     ...RESPONDENTS
                     (BY SRI K.L.PATIL FOR R1;
                     SRI H.R.HOOLI FOR R3.)


                          THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
                     THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT
                     AND DECREE DATED 13.03.2013 PASSED IN O.S.NO.176/2010, ON
                     THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM,
                                     -2-
                                          NC: 2024:KHC-D:3012
                                              RFA No. 4071 of 2013




DHARWAD, DECREEING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION, AND TO DISMISS THE SUIT FILED BY THE
PLAINTIFF BY ALLOWING THIS APPEAL BY SETTING ASIDE THE
IMPUGNED JUDGMENT AND DECREE, AND ETC.,.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE
COURT PASSED THE FOLLOWING:

                                  ORDER

The sole appellant is reported to be dead. Appeal is

dismissed as abated.

2. Liberty is reserved to the legal representatives of

the deceased appellant to revive the appeal if so advised.

Sd/-

JUDGE

MRK