Shiivanna vs Sri Doddathimmaiah
2024 Latest Caselaw 782 Kant

Karnataka High Court

Shiivanna vs Sri Doddathimmaiah on 9 January, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                            -1-
                                                       NC: 2024:KHC:928
                                                    RSA No. 305 of 2013




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 9TH DAY OF JANUARY, 2024

                                           BEFORE
                       THE HON'BLE MR JUSTICE RAVI V HOSMANI
                     REGULAR SECOND APPEAL NO. 305 OF 2013 (INJ)
               BETWEEN:

               1.    SHIVANNA,
                     S/O MALLAIAH,
                     AGE ABOUT 46 YEARS.

               2.    MALLAIAH,
                     S/O NAGAMMA,
                     AGED ABOUT 46 YEARS.

                     BOTH ARE RESIDENTS OF
                     JANEHAR VILLAGE,
                     KANDIKERE HOBLI,
                     CHIKKANAYAKANAHALLI,
                     TUMKUR DISTRICT - 572 214.
                                                          ...APPELLANTS
Digitally signed by
MOHANKUMAR M (BY SRI. N. KUMAR, ADVOCATE)
Location: High
Court of Karnataka AND:

               1.    SRI. DODDATHIMMAIAH,
                     S/O THIMMADASAPPA,
                     AGED ABOUT 55 YEARS.

               2.    SRI. THIMMAIAH,
                     S/O THIMMADASAPPA,
                     AGED ABOUT 50 YEARS.
                               -2-
                                             NC: 2024:KHC:928
                                         RSA No. 305 of 2013




3.   SRI. SIDDAIAH,
     S/O SANNA OBALAIAH,
     AGED ABOUT 50 YEARS.

     ALL ARE RESIDENTS OF
     JANEHAR VILLAGE,
     KANDIKERE HOBLI,
     CHIKKANAYAKANAHALLI,
     TUMKUR DISTRICT - 572 214.
                                              ...RESPONDENTS
(BY SRI. S.B. MUKHANAPPA, ADVOCATE FOR R2 AND R3)

      THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT     &     DECREE   DATED:11.6.2012      PASSED    IN
R.A.NO.143/2010 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, TIPTUR, ALLOWING THE APPEAL AND
SETTING     ASIDE     THE     JUDGEMENT       AND      DECREE
DATED:17.6.2010 PASSED IN OS.NO.166/2003 ON THE FILE
OF THE SENIOR CIVIL JUDGE & JMFC., TIPTUR.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

On perusal of order sheet, it is seen that death of

respondent no.1 was reported in year 2017. Till date, steps are

not taken. Therefore, appeal has to be dismissed as abated

against respondent no.1.

NC: 2024:KHC:928

It is seen that, this is plaintiff's appeal in a suit is for

declaration against all respondents/defendants. Therefore, after

dismissal of appeal against respondent no.1, main appeal itself

would not survive.

Hence, appeal stands dismissed.

Sd/-

JUDGE

mkm