P M Kallappa vs P R Mallikarjunappa
2024 Latest Caselaw 4684 Kant

Karnataka High Court

P M Kallappa vs P R Mallikarjunappa on 15 February, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                         NC: 2024:KHC:6494
                                                      RSA No. 558 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF FEBRUARY, 2024

                                            BEFORE
                           THE HON'BLE MR JUSTICE RAVI V HOSMANI
                    REGULAR SECOND APPEAL NO. 558 OF 2014 (DEC/INJ)
                  BETWEEN:

                  P.M.KALLAPPA,
                  S/O P.R.MALLIKARJUNAPPA,
                  AGED ABOUT 43 YEARS,
                  AGRICULTURIST,
                  SAPTHAGIRI NILAYA, B.L.GOWDA LAYOUT,
                  7TH CROSS, KELAGOTE,
                  CHITRADURGA - 577 501.
                                                              ...APPELLANT
                  (BY SRI PATEL D. KAREGOWDA., ADVOCATE)

                  AND:

                  1.     P.R.MALLIKARJUNAPPA,
                         S/O G. RUDRAPPA,
Digitally signed by      AGED ABOUT 73 YEARS,
MOHANKUMAR M
Location: High
Court of Karnataka 2.    P.M.SHIVANNA,
                         S/O P.MALLIKARJUNAPPA,
                         AGED ABOUT 52 YEARS,

                  3.     P.M.CHANDRASHEKARAPPA,
                         S/O P.MALLIKARJUNAPPA,
                         AGED ABOUT 50 YEARS,

                  4.     P.M.NAGARAJ,
                         S/O P. MALLIKARJUNAPPA,
                         AGED ABOUT 47 YEARS,
                           -2-
                                         NC: 2024:KHC:6494
                                       RSA No. 558 of 2014




     ALL ARE AGRICULTURISTS
     R/O MALAMAIAHNA HATHY - 577 522
     NAYAKANAHATTI HOBLI,
     CHALLAKERE TALUK,
     CHITRADURGA DISTRICT.

5.   P.M.GANGAMMA,
     W/O G.E.ESHWARAPPA,
     AGED ABOUT 45 YEARS,
     AGRICULTURIST,
     R/O CHIKKASIDDAVVANAHALLI-572 143,
     BURJUNROPPA HOBLI,
     INGADALA HOBLI, HIRIYUR TALUK,
     CHITRADURGA DISTRICT.

6.   SHILAJA
     W/O N.T. SHIVARAJ,
     AGED ABOUT 41 YEARS,
     AGRICULTURIST,
     SANTHEPETE ROAD,
     BHARAMASAGARA - 577 501,
     CHITRADURGA TALUK AND DISTRICT.
                                           ...RESPONDENTS
(BY SRI D.R.RAJASHEKARAPPA, ADVOCATE FOR R1 TO R6)

     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGMENT & DECREE DATED 01.01.2014 PASSED IN
R.A.NO.9/2013 ON THE FILE OF THE COURT OF THE PRINCIPAL
DISTRICT   &   SESSIONS     JUDGE,  AT    CHITRADURGA,
DISMISSING THE APPEAL AGAINST THE JUDGMENT AND
DECREE DATED 17.11.2012 PASSED IN O.S.NO.3/2012 ON THE
FILE OF THE COURT OF THE SENIOR CIVIL JUDGE,
CHALLAKERE.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                 -3-
                                                NC: 2024:KHC:6494
                                             RSA No. 558 of 2014




                           JUDGMENT

Learned counsel for respondents has filed a memo

reporting death of sole appellant on 13.12.2017 along with

death certificate. Till date steps are not taken.

Learned counsel for appellant submits that he has no

instructions.

Hence, appeal is dismissed as abated.

Sd/-

JUDGE

MKM