Malkappa S/O Tippanna Dhotre vs Rajeshwari
2024 Latest Caselaw 19028 Kant

Karnataka High Court

Malkappa S/O Tippanna Dhotre vs Rajeshwari on 30 July, 2024

                                             -1-
                                                         NC: 2024:KHC-K:5461
                                                    RSA No. 200043 of 2022




                            IN THE HIGH COURT OF KARNATAKA,

                                   KALABURAGI BENCH

                          DATED THIS THE 30TH DAY OF JULY, 2024

                                          BEFORE
                      THE HON'BLE MR. JUSTICE ANANT RAMANATH
                                           HEGDE
                     REGULAR SECOND APPEAL NO.200043 OF 2022
                                           (INJ)
                   BETWEEN:

                   MALKAPPA S/O TIPPANNA DHOTRE,
                   AGED ABOUT 76 YEARS,
                   OCC: RETIRED GOVT. SERVANT,
                   R/O GOGIPETH VILLAGE,
                   TQ. SHAHAPUR,
                   DIST. YADGIR AND ALSO
                   RESIDING AT PLOT NO.37,
                   BIDDAPUR COLONY RAILWAY GATE,
                   KALABURAGI-585 102.

Digitally signed                                                ...APPELLANT
by RENUKA          (BY SRI GURUBASAVA C. NAYAK, ADVOCATE FOR
Location: HIGH         SRI RAMACHANDRA K., ADVOCATE)
COURT OF
KARNATAKA          AND:

                   RAJESHWARI
                   D/O TIPPANNA DHOTRE,
                   W/O RAMPRASHAD,
                   AGED ABOUT 59 YEARS,
                   OCC: HOUSEHOLD,
                   R/O GOGIPETH VILLAGE,
                   TQ. SHAHAPUR, DIST. YADGIR-585 201.

                                                              ...RESPONDENT
                               -2-
                                            NC: 2024:KHC-K:5461
                                         RSA No. 200043 of 2022




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THE APPEAL SUBMITTED BY THE
APPELLANT; SET ASIDE THE JUDGMENT AND DECREE PASSED
BY THE SENIOR CIVIL JUDGE AND JMFC, SHAHAPUR IN
R.A.NO.9/2020 DATED 17.02.2021; SET ASIDE THE JUDGMENT
AND DECREE PASSED BY THE ADDITIONAL CIVIL JUDGE AND
JMFC SHAHAPUR IN O.S. NO.10/2017 DATED 18.02.2020 AND
DISMISS THE SUIT FILED BY THE PLAINTIFF WITH COST
THROUGHOUT AS NOT MAINTAINABLE.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH
       HEGDE


                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

It is stated that that the sole respondent died and

the report is received on 17.03.2022.

Steps are not taken to substitute the legal

representatives of the deceased respondent for more than

three months. Hence, the appeal is dismissed as abated.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

LG