Gururaj S/O Narayanachar Katti vs Dattatray S/O Hanumantasa Kabadi
2024 Latest Caselaw 11887 Kant

Karnataka High Court

Gururaj S/O Narayanachar Katti vs Dattatray S/O Hanumantasa Kabadi on 29 May, 2024

                                                      -1-
                                                            NC: 2024:KHC-D:7095
                                                               RSA No. 5445 of 2009




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                 DATED THIS THE 29TH DAY OF MAY, 2024
                                                 BEFORE
                                 THE HON'BLE MR JUSTICE C.M. POONACHA
                             REGULAR SECOND APPEAL NO. 5445 OF 2009 (INJ-)


                      BETWEEN:
                      GURURAJ S/O NARAYANACHAR KATTI
                      AGE: 67 YEARS, OCC:PENSIONER OF
                      DEFENSE SERVICE,
                      R/O "SIRI" VINAYAKANAGAR, BEHIND AMRUT
                      PHARMACEUTICALS, HINDALGE,
                      BELAGAVI-591108.
                                                                        ...APPELLANT
                      (BY SRI K.L. PATIL, ADVOCATE)
                      AND:
                      DATTATRAYA S/O HANUMANTASA KABADI
                      AGE: ABOUT 54 YEARS, OCC: SERVICE,
                      GANGAPURPETH, TQ & DIST: GADAG.
                                                                      ...RESPONDENT
                      (BY SRI. SHRIKANT T. PATIL., ADVOCATE)

Digitally signed by
SHIVAKUMAR
HIREMATH                     REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF
Location: HIGH
COURT OF              CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
KARNATAKA
DHARWAD BENCH         29.01.2009 PASSED BY THE ADDITIONAL CIVIL JUDGE (SR.DN),
DHARWAD
                      GADAG, IN RA NO.56/2005 SETTING ASIDE THE JUDGMENT AND
                      DECREE PASSED BY II ADDITIONAL CIVIL JUDGE (JR.DN.), GADAG
                      IN O.S.NO.35/1999 DATED 13.04.2005 AND TO DECREE THE SUIT
                      OF THE PLAINTIFF AS PRAYED.


                             THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING:
                                 -2-
                                       NC: 2024:KHC-D:7095
                                           RSA No. 5445 of 2009




                              ORDER

Legal representatives of the deceased appellant have

not been brought on record within time.

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

having abated.

Registry to return the records of the trial Court and the

first appellate Court, forthwith.

Sd/-

JUDGE

SVH CT:GSM