Karnataka High Court
Sri.Raveendra vs Shri.Basavaraj on 9 January, 2024
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NC: 2024:KHC-D:414
RSA No. 100921 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
REGULAR SECOND APPEAL NO.100921/2016(PAR)
BETWEEN:
SRI RAVEENDRA
S/O. BHIMIAPPA HANJAGI,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: ARAVIND NAGAR,
MTS JANATA HOUSE,
HUBBALLI, PIN - 580 001.
...APPELLANT
(BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. SHRI BASAVARAJ
S/O. BHIMAPPA HANJAGI,
Digitally AGE: 42 YEARS, OCC: BUSINESS,
signed by R/O: RAIBAG,
VINAYAKA DIST: BELAGAVI, PIN - 580 002.
BV
2. SHRI RAJU
S/O. YALLAPPA HANJAGI,
AGE: 41 YEARS,
OCC: AUTO DRIVER,
R/O: GIRINI CHAWL, KARWAD ROAD,
HUBBALLI, PIN - 580 001.
3. SMT LAXMIBAI
W/O. YALLAPPA HANJAGI,
AGE: 60 YEARS,
OCC: HOUSEHOLD,
R/O: GIRINI CHAWL, KARWAD ROAD,
HUBBALLI, PIN - 580 001.
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NC: 2024:KHC-D:414
RSA No. 100921 of 2016
4. ROOPA D/O. YALLAPPA HANJAGI,
(SINCE DECEASED BY HER LRS)
4A. KUMAR CHETAN
S/O. NAGARAJ SANKEN,
AGE: MINOR, OCC: STUDENT,
R/O: HUBBALLI,
SINCE MINOR BY HIS NEXT FRIEND,
SMT.LAKSHIMIBAI W/O. YELLAPPA HANJAGI,
AGE: 60 YEARS,
OCC: HOUSEHOLD WORK,
R/O: GIRINI CHAWL, KARWAD ROAD,
HUBBALLI, PIN - 580 001.
5. SHRI VIJAY
S/O. YALLAPPA HANJAGI,
AGE: MAJOR, OCC: NIL,
R/O: GIRINI CHAWL, KARWAD ROAD,
HUBBALLI, PIN - 580 001.
6. SRI SAGAR
S/O. YALLAPPA HANJAGI,
AGE: MAJOR, OCC: NIL,
R/O: GIRINI CHAWL, KARWAD ROAD,
HUBBALLI, PIN - 580 001.
7. SMT. SAKKU @ SHAKUNTALA
W/O. JAHARSINGH PANJABI,
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O: GIRINI CHAWL, KARWAD ROAD,
HUBBALLI, PIN - 580 001.
8. SMT.MANJULA
D/O. PARUSHURAM HANJAGI,
AGE: 38 YEARS, OCC: HOUSEHOLD,
R/O: LIDKER COLONY,
INDUSTRIAL AREA,
HUBBALLI, PIN - 580 001.
9. KUMARI UMA
D/O. PARUSHURAM HANJAGI,
AGE: MINOR, SINCE MINOR
REPRESENTED BY GUARDIAN
SMT.MANJULA
D/O. PARUSHURAM HANJAGI,
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NC: 2024:KHC-D:414
RSA No. 100921 of 2016
R/O: LIDKER COLONY,
INDUSTRIAL AREA,
HUBBALLI, PIN - 580 001.
10. KUMARI SUGANDHA
D/O. PARUSHURAM HANJAGI,
AGE: MINOR, SINCE MINOR
REPRESENTED BY GUARDIAN
SMT.MANJULA
D/O. PARUSHURAM HANJAGI,
R/O: LIDKER COLONY, INDUSTRIAL AREA,
HUBBALLI, PIN - 580 001.
11. KUMAR GANESH
S/O. PARUSHURAM HANJAGI,
AGE: MINOR, SINCE MINOR
REPRESENTED BY GUARDIAN
SMT.MANJULA
D/O. PARUSHURAM HANJAGI,
R/O. LIDKER COLONY,
INDUSTRIAL AREA,
HUBBALLI, PIN - 580 001.
...RESPONDENTS
(BY SRI SHRIKANT T. PATIL, ADVOCATE
FOR R1 TO R3, R5 AND R6;
NOTICE TO R8 IS SERVED;
R4 (A) IS MINOR REPRESENTED BY R3;
R9, R10 AND R11 ARE MINORS
REPRESENTED BY R8)
THIS RSA IS FILED U/S. 100 OF CPC 1908., AGAINST THE
JUDGEMENT & DECREE DATED 27.07.2016 PASSED IN
R.A.NO.301/2010, ON THE FILE OF THE V ADDITIONAL DISTRICT
JUDGE, DHARWAD SITTING AT HUBBALLI, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED
01.09.2010, PASSED IN O.S.NO.3/2007 ON THE FILE OF THE
PRICIPAL SENIOR CIVIL JUDGE AT HUBBALLI,
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NC: 2024:KHC-D:414
RSA No. 100921 of 2016
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The respondent No.7 is reported to be dead during the
pendency of the appeal and the same was intimated to the
appellant. However, no steps are taken till date despite grant
of indulgence by this Court vide order dated 21.08.2023 and
05.09.2023.
2. It is seen that the suit from which the present
appeal arises, was a suit for partition and separate possession
which was dismissed and an appeal filed in R.A No.301/2010
was decreed.
3. Consequently, the abatement of the appeal as
against respondent No.7 should result in the abatement of the
appeal in its entirety as the judgment and decree passed by the
First Appellate Court was composite in nature.
4. Consequently, the appeal stand disposed off as
having abated.
SD/-
JUDGE
CT-ASC
