Fakirappa S/O Ningappa Waggar vs Yellanaik S/O Ramnaik Patil
2024 Latest Caselaw 15181 Kant

Karnataka High Court

Fakirappa S/O Ningappa Waggar vs Yellanaik S/O Ramnaik Patil on 1 July, 2024

                                               -1-
                                                      NC: 2024:KHC-D:8898
                                                       RSA No. 100068 of 2018




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 1ST DAY OF JULY, 2024

                                             BEFORE

                             THE HON'BLE MR JUSTICE C.M. POONACHA

                    REGULAR SECOND APPEAL NO. 100068 OF 2018 (DEC/INJ-)

                   BETWEEN:

                   FAKIRAPPA S/O NINGAPPA WAGGAR
                   AGE: 74 YEARS, OCC: AGRICULTURE,
                   R/O: CHIKKAMALIGWAD,
                   TQ & DIST: DHARWAD-580005.
                                                                      ...APPELLANT
                   (BY SRI G.S.AVADATTI AND B.F.PUJAR, ADVOCATES)

                   AND:

                   1.   YELLANAIK S/O RAMNAIK PATIL
                        AGE: 79 YEARS, OCC: AGRICULTURE,
                        R/O: NIGDI (BENKATTI), DHARWAD.

                   2.   THE SPECIAL LAND ACQUISITION OFFICER
                        KIADB, LAKMANHALLI INDUSTRIAL AREA,
                        P.B. ROAD, DHARWAD-580002.
Digitally signed                                                ...RESPONDENTS
by SAROJA          (BY SRI SURESH P. HUDEDAGADDI AND
HANGARAKI          SRI A.C.PURAD, ADVOCATES FOR R1)(VK FILED) (NOC)
Location: HIGH
COURT OF                 THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO SET
KARNATAKA          ASIDE THE JUDGMENT AND DECREE DATED 08.11.2017 AND
DHARWAD            14.11.2017 RESPECTIVELY PASSED IN R.A.NO.44/2016 BY THE II
BENCH              ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD AND DECREE THE
DHARWAD
                   SUIT O.S.NO.706/2009 FOR DECLARATION AND PERMANENT
                   INJUNCTION BY SETTING ASIDE THE JUDGMENT AND DECREE
                   DATED 15.12.2015 PASSED BY THE PRINCIPAL CIVIL JUDGE AND
                   JMFC, DHARWAD.

                        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                              -2-
                                   NC: 2024:KHC-D:8898
                                     RSA No. 100068 of 2018




                         JUDGMENT

None appears for the appellant.

Learned counsel for the respondents submits that the

appellant died about one year ago.

In view of the same, the above appeal is dismissed as

having abated.

Sd/-

JUDGE

PMP CT:GSM