Manohar Rao S/O Manik Rao Bhandari vs Bhimsha S/O Narsappa And Ors
2024 Latest Caselaw 22574 Kant

Karnataka High Court

Manohar Rao S/O Manik Rao Bhandari vs Bhimsha S/O Narsappa And Ors on 4 September, 2024

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                                                           NC: 2024:KHC-K:6688
                                                        RSA No. 200280 of 2014




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                          DATED THIS THE 4TH DAY OF SEPTEMBER, 2024

                                            BEFORE
                        THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                          REGULAR SECOND APPEAL NO.200280 OF 2014


                   BETWEEN:

                   MANOHAR RAO
                   S/O MANIK RAO BHANDARI,
                   AGE: 49 YEARS,
                   R/O HUMNABAD, DIST. BIDAR-585330.

                                                                  ...APPELLANT
                   (BY SRI SACHIN M. MAHAJAN, ADVOCATE)

                   AND:

                   1.    BHIMSHA S/O NARSAPPA,
                         AGE: 73 YEARS,
Digitally signed         R/O SHIVPUR GALLI, HUMNABAD,
by RENUKA                DIST. BIDAR-585 330.
Location: HIGH
COURT OF
KARNATAKA          2.    ZHARNAPPA S/O HANMANTHAPPA
                         SINCE DECEASED BY LRS

                   a.    KAVITA D/O ZARNAPPA (W/O SHRIMANTH),
                         AGE: 54 YEARS,
                         R/O HANKUNI BASE, SHIVPUR GALLI,
                         HUMNABAD, DIST. BIDAR-585330.

                   3.    HANMANTAPPA
                         S/O MALLAPPA NARAYANPURKAR,
                         AGE: 68 YEARS, OCC : KEB LINEMAN,
                         R/O HUMNABAD, DIST. BIDAR-585330.
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                                      NC: 2024:KHC-K:6688
                                  RSA No. 200280 of 2014




4.   ANIL KUMAR S/O AMBADAS RAO,
     AGE: 38 YEARS,
     H.NO.LIG A-24
     KARNATAKA HOUSING BOARD COLONY,
     HUMNABAD, DIST. BIDAR-585330.

5.   SUMITRABAI W/O NARAYAN SWAMI,
     AGE: 52 YEARS,
     R/O SHIVPURI GALLI, HUMNABAD,
     DIST. BIDAR-585330.

6.   RAMCHANDRAPPA S/O NINGAPPA
     SINCE DECEASED BY LRS

a)   PRAKASH S/O RAMCHANDRAPPA,
     AGE: 57 YEARS,
     R/O SHIVPURI GALLI, HUMNABAD,
     DIST. BIDAR-585330.

b)   RUKMINI W/O ERANNA (D/O RAMCHANDRAPPA),
     AGE: 55 YEARS,
     R/O SHIVPURI GALLI, HUMNABAD,
     DIST. BIDAR.

c)   PADMINI W/O DEVINDRA
     (D/O RAMCHANDRAPPA)
     AGE: 53 YEARS,
     R/O SHIVPURI GALLI, HUMNABAD,
     DIST. BIDAR-585330.

d)   KANNYAMMA D/O RAMCHANDRAPPA,
     AGE: 50 YEARS,
     R/O: SHIVPURI GALLI, HUMNABAD,
     DIST. BIDAR-585330.

e)   GORAKHNATH S/O RAMCHANDRAPPA,
     AGE: 42 YEARS,
     R/O SHIVPURI GALLI, HUMNABAD,
     DIST. BIDAR.

f)   SHRIDEVI D/O RAMCHANDRAPPA,
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                                           NC: 2024:KHC-K:6688
                                  RSA No. 200280 of 2014




      AGE: 38 YEARS,
      R/O SHIVPURI GALLI, HUMNABAD,
      DIST. BIDAR-585330.

7.    SAYED ZAMEER S/O SAYED ISHAK
      AGE: 34 YEARS,
      R/O SHIVPURI GALLI, HUMNABAD,
      DIST. BIDAR-585330.

8.    SAYED RAFEEQH S/O SAYED ISHAK,
      AGE: 32 YEARS,
      R/O. SHIVPURI GALLI, HUMNABAD,
      DIST. BIDAR-585330.


                                              ...RESPONDENTS


(BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE FOR R3;
R1, R2(A) & R4 TO R8 ARE SERVED)


       THIS RSA IS FILED UNDER SECTION 100 OF CPC,

PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED

BY THE ADDITIONAL CIVIL JUDGE (JD) AT HUMNABAD IN

OS.NO.4/2003 AND DECREE DATED 05.06.2014 PASSED BY

THE     SENIOR    CIVIL   JUDGE       AT     HUMNABAD       IN

R.A.NO.87/2007(OLD) 131/2011 (NEW) AND DECREE THE SUIT

OF THE PLAINTIFF/APPELLANT BY ALLOWING WITH COST.



       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                         NC: 2024:KHC-K:6688
                                    RSA No. 200280 of 2014




CORAM:    HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                         ORAL JUDGMENT

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

It is stated that respondent No.3 is no more and

more than three months have elapsed since his death. It

is further stated that he is the sole contesting respondent.

Under these circumstances, the appeal stands abated.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

RSP