Suresh S/O Anand Hutagi vs Sulochana W/O Yeshwant Hutagi
2024 Latest Caselaw 4081 Kant

Karnataka High Court

Suresh S/O Anand Hutagi vs Sulochana W/O Yeshwant Hutagi on 9 February, 2024

                                        -1-
                                               NC: 2024:KHC-D:3006
                                                  RSA No. 100681 of 2014




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 9TH DAY OF FEBRUARY, 2024

                                      BEFORE

                        THE HON'BLE MR JUSTICE R.NATARAJ

                   REGULAR SECOND APPEAL NO.100681/2014(DEC)

            BETWEEN:

            SURESH
            S/O. ANAND HUTAGI,
            AGE: 65 YEARS, OCC: PENSIONER,
            R/O: JANNATH NAGAR,
            DHARWAD, PINCODE: 580 001.
                                                             ...APPELLANT
            (BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE)

            AND:

            1.   SULOCHANA
                 W/O. YESHWANT HUTAGI,
                 AGE: 70 YEARS, OCC: HOUSEHOLD,
                 R/O: LAXMI NAGAR,
                 BESIDES GANESH TEMPLE,
                 DHARWAD, PINCODE: 580 001.
Digitally
signed by   2.   VINOD
ROHAN
HADIMANI         W/O. YESHWANT HUTAGI,
T                AGE: 34 YEARS,
                 OCC: PRIVATE SERVICE,
                 R/O. LAXMI NAGAR,
                 BESIDES GANESH TEMPLE,
                 DHARWAD, PINCODE: 580 001.

            3.   VIMALA
                 D/O. YESHWANT HUTAGI,
                 AGE: 44 YEARS, OCC: HOUSEHOLD,
                 R/O. LAXMI NAGAR,
                 BESIDES GANESH TEMPLE,
                 DHARWAD, PINCODE: 580 001.

            4.   PUTTAVVA
                               -2-
                                    NC: 2024:KHC-D:3006
                                     RSA No. 100681 of 2014




     D/O. YESHWANT HUTAGI,
     AGE: 39 YEARS,
     OCC: HOUSEHOLD,
     R/O: LAXMI NAGAR,
     BESIDES GANESH TEMPLE,
     DHARWAD, PINCODE: 580 001.

5.   GIRISH
     S/O. YESHWANT HUTAGI,
     AGE: 34 YEARS,
     OCC: HOUSEHOLD,
     R/O. LAXMI NAGAR,
     BESIDES GANESH TEMPLE,
     DHARWAD,
     PINCODE: 580 001.

6.   SATISH
     S/O. YESHWANT HUTAGI,
     AGE: 29 YEARS,
     OCC: PRIVATE SERVICE,
     R/O: LAXMI NAGAR,
     BESIDES GANESH TEMPLE,
     DHARWAD,
     PINCODE: 580 001.

7.   MEENAKSHI W/O. VITTAL HUTAGI,
     AGE:44 YEARS, OCC: HOUSEHOLD,
     R/O: LAXMI NAGAR,
     BESIDES GANESH TEMPLE,
     DHARWAD, PINCODE: 580 001.
                                             ...RESPONDENTS
(BY SRI B. K. MALLIGAWAD, ADVOCATE
FOR CAVEATORS/R2, R7 AND FOR R1 TO R7)

      THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL
PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED
21.07.2014 PASSED IN R.A.NO.14/2013 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD, ALLOWING
THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED
30.10.2012 AND THE DECREE PASSED IN O.S.NO.386/2009 ON THE
FILE OF THE PRL. CIVIL JUDGE AND PRL. JMFC., AT DHARWAD,
DECREEING THE SUIT FILED FOR DECLARATION AND PARTITION.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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                                    NC: 2024:KHC-D:3006
                                      RSA No. 100681 of 2014




                            ORDER

The appellant has expired and despite indulgence shown,

no steps are taken by the legal heirs to come on record and

pursue this appeal. Consequently, the appeal stands disposed

off as having abated.

SD/-

JUDGE

PMP

CT-ASC