Sanna Mallayya Swamy S/O Gurulingayya ... vs Smt. Gangamma W/O Sharanayya Swamy Ors
2025 Latest Caselaw 2279 Kant

Karnataka High Court

Sanna Mallayya Swamy S/O Gurulingayya ... vs Smt. Gangamma W/O Sharanayya Swamy Ors on 5 August, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                        NC: 2025:KHC-K:4413
                                                       RSA No. 7243 of 2013


                    HC-KAR




                                IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                             DATED THIS THE 5TH DAY OF AUGUST, 2025

                                              BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                    REGULAR SECOND APPEAL NO. 7243 OF 2013 (DEC/INJ)

                   BETWEEN:

                        SANNA MALLAYYA SWAMY
                        S/O GURULINGAYYA MATHAPATHI
                        AGE: 71 YEARS,
                        OCC: AGRICULTURE,
                        R/O: JALIHAL, TQ: SINDHANUR.
                                                               ...APPELLANT

                   (BY SRI CHAITANAYAKUMAR C.M., ADVOCATE)

                   AND:

                   1.        SMT. GANGAMMA
                             W/O SHARANAYYA SWAMY
Digitally signed
by KHAJAAMEEN                MAJOR, OCC: HOUSEHOLD,
MALAGHAN
Location: HIGH     2.        GAJADANANDAYYA
COURT OF
KARNATAKA                    S/O SHARANAYYA SWAMY,
                             51 YEARS, OCC: AGRIL.,

                   3.        VIRUPAYYA
                             S/O SHARANAYYA
                             46 YEARS, OCC: AGRIL.,

                   4.        MALLIKARJUN SWAMY
                             S/O SHARANAYYASWAMY
                             45 YEARS, OCC: AGRIL.,
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                                      RSA No. 7243 of 2013


HC-KAR




5.       BASAYYASWAMY
         S/O SHARANAYYA,
         AGE: 41 YEARS,

6.       MAHANTAYYASWAMY
         S/O SHARANAYYA
         32 YEARS, OCC: AGRIL.,

7.       MURTHAYYA SWAMY
         S/O PEDDAYYA
         74 YEARS, OCC: AGRIL.,
         DECEASED BY LRS

7 (1)    SMT. SHANKRAMMA
         W/O MRUTAYYA SWAMY,
         AGE: MAJOR,
         OCC: HOUSEHOLD,
         R/O JALIHAL, TQ; SINDANUR,
         DIST: RAICHUR.

7 (2)    SHAMBHAYYA SWAMY,
         S/O MRUTAYYA SWAMY,
         AGE: MAJOR,
         OCC: HOUSEHOLD,
         R/O JALIHAL, TQ; SINDANUR,
         DIST: RAICHUR.

7 (3)    GURU SWAMY
         S/O MRUTAYYA SWAMY,
         AGE: MAJOR,
         OCC: HOUSEHOLD,
         R/O JALIHAL, TQ; SINDANUR,
         DIST: RAICHUR.

7 (4)    MALLIKARJUN
         S/O MRUTAYYA SWAMY,
         AGE: MAJOR,
         OCC: HOUSEHOLD,
         R/O JALIHAL, TQ; SINDANUR,
         DIST: RAICHUR.
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                                        RSA No. 7243 of 2013


HC-KAR




8.       HIREMALLAYYA
         S/O PEDDAYYA
         74 YEARS, OCC: AGRIL.,

9.       PAMPAYYA SWAMY
         S/O PEDDAYYA SWAMY,
         72 YEARS, OCC: AGRIL.,

10.      PATRAYYA SWAMY
         S/O PEDDAYYA SWAMY,
         51 YEARS, OCC: AGRIL.,

         ALL R/O: JALIHAL,
         TQ: SINDHANUR,
         DIST: RAICHUR - 584 101.
                                                  ...RESPONDENTS
(BY SRI MAHANTESH PATIL, ADV., FOR R1, R4, R5, R6, R8 &
R9;
R2, R3, R7(1), R7(2), R7(3), R7(4) AND R10 ARE SERVED)

      THIS    REGULAR   SECOND     APPEAL    IS    FILED   UNDER

SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT

AND DECREE DATED 17.12.2011 PASSED BY THE FAST TRACK

COURT AT RAICHUR, IN R.A.NO.62/2010 AND THE JUDGMENT

AND DECREE DATED 26.02.2010 PASSED BY THE CIVIL JUDGE

(SR.DN.),    LINGASUGUR    (SITTING    AT     SINDHANUR)      IN

O.S.NO.24/2007, IN THE INTEREST OF JUSTICE AND EQUITY.


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


CORAM:      HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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                                      RSA No. 7243 of 2013


HC-KAR




                         ORAL JUDGMENT

Learned counsel for the appellant is present and

submits that sole appellant died on 21.05.2020. He

further submits that in view of death of the sole appellant,

the appeal may be disposed of as abated.

2. In view of death of the sole appellant, the

appeal is dismissed as abated.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP