Adiveppa Aparak Kamate Occ Agril vs Shivappa Gurappa Talikoti Occ Agril
2024 Latest Caselaw 15051 Kant

Karnataka High Court

Adiveppa Aparak Kamate Occ Agril vs Shivappa Gurappa Talikoti Occ Agril on 28 June, 2024

                                                 -1-
                                                       NC: 2024:KHC-D:8867
                                                          RSA No. 5093 of 2010




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 28TH DAY OF JUNE, 2024

                                             BEFORE

                             THE HON'BLE MR JUSTICE C.M. POONACHA

                            REGULAR SECOND APPEAL NO. 5093 OF 2010

                   BETWEEN:


                   1.   ADIVEPPA APARAK KAMATE
                        DEAD BY HIS LRS

                   1A   AWWAKKA
                        W/O BASAVANNI BASAPPAGOL
                        AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
                        R/O YAMAKANAMARAD, TALUK: HUKKERI,
                        DIST: BELAGAVI.

                   1B   DRAKSHAYANI
                        W/O BHIMANAGOUDA PATIL
                        AGE: 36 YEARS, OCC: HOUSE HOLD WORK
                        R/O GOTUR, TALUK: HUKKERI,
Digitally signed        DIST: BELAGAVI.
by SAROJA
HANGARAKI          2.   SMT. GOURAVVA ADIVEPPA KAMATE
Location: HIGH          AGE: 55, OCC: AGRICULTURE,
COURT OF                R/O.YAMAKANAMARADI,
KARNATAKA               TQ: HUKKERI, DIST: BELGAUM.
DHARWAD
BENCH              3.   APPAYYA ADIVEPPA KAMATE
DHARWAD
                        AGE: 45, OCC: AGRICULTURE,
                        YAMAKANAMARADI, TQ: HUKKERI,
                        DIST: BELGAUM.

                   4.   SHANKAR
                        S/O ADIVEPPA KAMATE
                        AGE: 40, OCC: AGRICULTURE,
                        YAMAKANAMARADI, TQ: HUKKERI,
                        DIST: BELGAUM.
                              -2-
                                   NC: 2024:KHC-D:8867
                                         RSA No. 5093 of 2010




                                                 ...APPELLANTS
(BY SRI SHIVARAJ P.MUDHOL,

SRI ANAND D. BAGEWADI, ADVOCATES)


AND:

SHIVAPPA GURAPPA TALIKOTI
AGE: 60, OCC: AGRICULTURE,
R/O.YAMAKANAMARADI,
TQ: HUKKERI,

                                                ...RESPONDENT

(BY SRI DINESH M.KULKARNI, ADVOCATE)


       THIS RSA IS FILED U/S. 100 CPC., PRAYING TO SET ASIDE

THE JUDGMENT AND DECREE DATED 03.03.2009 IN R.A.NO.8/2006

PASSED BY THE CIVIL JUDGE (SR.DN.), HUKKERI AND JUDGMENT

AND DECREE DATED 24.11.2001 IN O.S.NO.594/1997 PASSED BY

THE CIVIL JUDGE (JR.DN.) SANKESHWAR BY ALLOWING THIS

APPEAL AND TO DISMISSED THE SUIT FILED BY THE RESPONDENT

IN THE INTEREST OF JUSTICE AND EQUITY.


       THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                                  -3-
                                       NC: 2024:KHC-D:8867
                                             RSA No. 5093 of 2010




                               ORDER

None appears for the appellants.

Learned counsel for the respondent present.

Learned counsel for the respondent files a memo placing

on record that, the sole respondent died on 18.12.2019. A copy

of the death certificate is also annexed along with the memo.

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

having abated.

Sd/-

JUDGE

PJ CT:GSM