Sri Chikkahidegowda vs Smt Nagamma
2024 Latest Caselaw 27843 Kant

Karnataka High Court

Sri Chikkahidegowda vs Smt Nagamma on 20 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                     -1-
                                                             NC: 2024:KHC:46956
                                                            RSA No. 705 of 2012




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                                 BEFORE

                            THE HON'BLE MR JUSTICE RAVI V HOSMANI

                     REGULAR SECOND APPEAL NO. 705 OF 2012 (DEC/INJ)

                    BETWEEN:

                    SRI CHIKKAHIDEGOWDA,
                    AGED ABOUT 70 YEARS,
                    S/O LATE CHIKKAPUTTEGOWDA,
                    R/AT BERIHUNDI VILLAGE,
                    JAYAPURAHOBLI,
                    MYSORE TALUK,
                    MYSORE-570 023.
                                                                   ...APPELLANT
                    [BY SRI R. BHADRINATH, ADVOCATE (PH)]

                    AND:

                    1.    SMT. NAGAMMA,
                          AGED ABOUT 32 YEARS,
                          W/O NINGANNASWAMY,
                          R/AT ALANAHALLI VILLAGE,
                          H.D.TALUK, MYSORE-570 023.
Digitally signed by
ANUSHA V            2.    SMT. MANJULA,
Location: High            AGED ABOUT 31 YEARS,
Court Of                  W/O PRAKASH,
Karnataka                 R/AT NO.123, K.G.KOPPAL,
                          MYSORE-570 023.

                    3.    SMT. GEETHAMMA,
                          AGED ABOUT 30 YEARS,
                          W/O MALLESHA,
                          R/AT MUDAGALLI,
                          MYSORE-570 023.

                    4.    SRI BASAVANNA,
                          AGED ABOUT 22 YEARS,
                          S/O CHENNACHARI,
                                   -2-
                                                 NC: 2024:KHC:46956
                                               RSA No. 705 of 2012




     R/AT BEERIHUNDI VILLAGE,
     JAYAPURA HOBLI,
     MYSORE-570 023.

5.   SRI CHENNACHARI,
     AGED ABOUT 59 YEARS,
     S/O NINGACHARI,
     R/AT BEERIHUNDI VILLAGE,
     JAYAPURA HOBLI,
     MYSORE-570 023.
                                                   ...RESPONDENTS
[BY SRI A. LOURDU MARIYAPPA, ADV. FOR R1 TO R4 (VC)
    R5 - SERVED]

      THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 17.12.2011 PASSED                  IN
R.A.NO.204/2010 ON THE FILE OF THE IV ADDITIONAL DISTRICT
JUDGE, MYSORE, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT     AND    DECREE        DATED   30.10.2009   PASSED    IN
O.S.NO.1189/2007 ON THE FILE OF THE III ADDITIONAL CIVIL
JUDGE (SR.DN) MYSORE.


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


CORAM:     HON'BLE MR JUSTICE RAVI V HOSMANI


                       ORAL JUDGMENT

Learned counsel for respondents has filed a memo dated

23.11.2023, reporting death of sole appellant on 19.05.2013.

Till date, steps are not taken.

NC: 2024:KHC:46956

2. Learned counsel for appellant submits that he has

no instructions.

In view of above, appeal abates.

Sd/-

(RAVI V HOSMANI) JUDGE

AV