Basavaiah vs Kataiah
2024 Latest Caselaw 1376 Kant

Karnataka High Court

Basavaiah vs Kataiah on 16 January, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                           NC: 2024:KHC:1868
                                                        RSA No. 1459 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF JANUARY, 2024

                                           BEFORE
                           THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO. 1459 OF 2013 (INJ)
                   BETWEEN:

                         BASAVAIAH,
                         S/O DASAPPA,
                         AGED ABOUT 78 YEARS,
                         R/O HALEDASANAHATTY,
                         HAMLET OF UNAGANALA VILLAGE,
                         HAGALAWADI HOBLI,
                         GUBBI TALUK.
                                                             ...APPELLANT
                   (BY SRI CHANDRAKANTH R PATEL, ADVOCATE(ABSENT))
                   AND:

                   1.    KATAIAH,
                         S/O KAYATHAIAH,
                         AGED ABOUT 60 YEARS.

                   2.    SHIVANNA,
Digitally signed by      S/O KYATHAIAH,
MOHANKUMAR M             AGED ABOUT 45 YEARS.
Location: High
Court of Karnataka 3.    BASAVALINGAIAH,
                         S/O KYATHAIAH,

                         ALL ARE RESIDENTS OF HALEDASANAHATTY,
                         HAMLET OF UNAGANALA VILLAGE,
                         HAGALAWADI HOBLI,
                         GUBBI TALUK.
                                                           ...RESPONDENTS

                   (BY SRI M.B. CHANDRA CHOODA, ADVOCATE FOR
                      R1 TO R3 (ABSENT);
                      VIDE ORDER DATED 31.01.2020 APPEAL AGAINST R1 IS
                      ABATED)
                                -2-
                                             NC: 2024:KHC:1868
                                         RSA No. 1459 of 2013




      THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT      &    DECREE     DATED:6.6.2013        PASSED     IN
R.A.NO.81/2008 ON THE FILE OF SENIOR CIVIL JUDGE, GUBBI,
ALLOWING THE APPEAL AND DISMISSING THE JUDGEMENT
AND DECREE DATED:4.11.2008 PASSED IN OS.NO.32/2001
ON THE FILE OF CIVIL JUDGE (JR.DN.) AND JMFC, GUBBI.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Though as per order dated 15.02.2022, death of sole

appellant was recorded nearly two years ago, legal

representatives of deceased appellant have not come on

record.

Hence, appeal stands dismissed as abated.

Sd/-

JUDGE

MKM