Gonevva Kom Goneppa Gokanavar vs Fakirappa Neelawwa Banger @ Sannagoni ...
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Karnataka High Court

Gonevva Kom Goneppa Gokanavar vs Fakirappa Neelawwa Banger @ Sannagoni ... on 4 June, 2024

                                                 -1-
                                                       NC: 2024:KHC-D:7413
                                                            RSA No. 807 of 2007




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 4TH DAY OF JUNE, 2024

                                              BEFORE

                              THE HON'BLE MR JUSTICE C.M. POONACHA

                        REGULAR SECOND APPEAL NO. 807 OF 2007 (DEC/INJ-)

                   BETWEEN:

                   GONEVVA KOM GONEPPA GOKANAVAR
                   70 YEARS, R/O KOD HIREKERUR TALUK,
                   HAVERI DISTRICT-581111.
                                                                    ...APPELLANT
                   (BY SRI. AVINASH BANAKAR, ADVOCATE)

                   AND:

                         FAKIRAPPA NEELAWWA BANGER @ SANNAGONI
                         SINCE DEAD BY LRS.

                   1.    BASAVVA, 84 YEARS,
                         W/O FAKIRAPPA SANNAGONI,
                         R/O GUNAGARAGOPPA BYADGI TALUK,
                         HAVERI DISTRICT-581106.
                   2.    BASAVANNEVVA, 71 YEARS,
Digitally signed
by SAROJA                W/O HIRIYAPPA DARANNER,
HANGARAKI                R/O GUNAGARAGOPPA BYADGI TALUK,
Location: HIGH           HAVERI DISTRICT-581106.
COURT OF
KARNATAKA
DHARWAD            3.    GONEVVA @ SHANTAVVA, 70 YEARS,
BENCH                    W/O RAMAPPA UPPAR,
DHARWAD                  LAXMI BOOKSTALL, GANESH COMPLEX,
                         M.G.ROAD, HAVERI-581110.

                   4.    SOMAVVA, 60 YEARS,
                         W/O SHIVAPPA MATTIMANI,
                         R/O HULLATTI, HIREKERUR TALUK,
                         HAVERI DISTRICT-581111.

                   5.    HANUMANTHAPPA FAKIRAPPA SANNAGONI
                         60 YEARS, R/O GUNAGARAGOPPA,
                         BYADGI TALUK, HAVERI DISTRICT-581106.
                               -2-
                                     NC: 2024:KHC-D:7413
                                         RSA No. 807 of 2007




6.   KRISHNAPPA FAKIRAPPA SANNAGONI
     45 YEARS, R/O GUNAGARAGOPPA,
     BYADGI TALUK, HAVERI DISTRICT-581106.
7.   HANUMANTHAPPA FAKIRAPPA SANNAGONI
     60 YEARS, R/O GUNAGARAGOPPA,
     BYADGI TALUK, HAVERI DISTRICT-581106.
8.   KRISHNAPPA FAKIRAPPA SANNAGONI
     45 YEARS, R/O GUNAGARAGOPPA,
     BYADGI TALUK, HAVERI DISTRICT-581106.
                                              ...RESPONDENTS
(BY SRI. PRAKASH M. PATIL, ADVOCATE FOR R5 AND R6;
 APPEAL IS ABATED AGAINST DECEASED R-1;
 R2, 3, 4 ARE SERVED AND UN REPRESENTED)

      THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 18.12.2006 IN RA NO.35/1992
PASSED BY THE CIVIL JUDGE (SR.DN.) AND PRL. JMFC, AT
RANEBENNUR CONFIRMING THE JUDGMENT AND DECREE DATED
27.11.1991 IN O.S.NO.56/1989 PASSED BY THE MUNSIFF AT
BYADGI AND ALLOW THIS RSA WITH COSTS.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

Learned counsel for the appellant submits that the

sole appellant died on 05.06.2021.

The legal representatives of the deceased appellant

have not been brought on record. In view of the same, the

above appeal is dismissed as having abated.

Sd/-

JUDGE