Smt Sushila W/O. Shiddangouda Patil vs Smt Manjula B Kurkoti
2025 Latest Caselaw 5730 Kant

Karnataka High Court

Smt Sushila W/O. Shiddangouda Patil vs Smt Manjula B Kurkoti on 18 August, 2025

                                                     -1-
                                                               NC: 2025:KHC-D:10400
                                                            RFA No. 100365 of 2017


                        HC-KAR



                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                 DATED THIS THE 18TH DAY OF AUGUST, 2025
                                                 BEFORE
                                 THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                              REGULAR FIRST APPEAL NO. 100365 OF 2017 (POS)

                       BETWEEN:
                            SMT. SUSHILA W/O. SHIDDANGOUDA
                            PATIL, AGE: 73 YEARS,
                            OCC: HOUSEHOLD WORK,
                            R/O. AMARKUNJA, 1ST MAIN,
                            3RD CROSS, NARAYANPUR,
                            DHARWAD-580008.
                                                                        ...APPELLANT
                                  (BY SRI. MADANMOHAN M. KHANNUR, ADV)
                       AND:
                       1.   SMT. MANJULA B KURKOTI
                            AGE: 52 YERS, OCC: SERVICE,
                            R/O. RADDI COLONY, SARASWATPUR,
                            DHARWAD-580008.

                       2.   SRI. ANIL S/O. SHIDDANGOUDA PTIL
                            AGE: 42 YEARS, OCC: BUSINESS,
                            R/O. AMARKUNJA, 1ST MAIN, 3RD CROSS,
                            NARAYANPUR, DHARWAD-580008.

                       3.   AUTHORIZED OFFICER
                            UCO BANK, REGIONAL OFFICE,
MOHANKUMAR                  NO.13/22, K.G.ROAD, BENGALURU-560009.
B SHELAR
                                                                     ...RESPONDENTS
 Digitally signed by
 MOHANKUMAR B
 SHELAR
                                  (BY SRIYUTHS. P.R.BENTUR & SHIVAPRASAD S. PATIL,
 Date: 2025.08.22
 12:58:36 +0530
                                   ADVS FOR R1 AND SRI. SHIVARAJ C. BELLAKKI, ADV
                                   FOR R3, NOTICE TO R2 IS SERVED)

                            THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE
                       JUDGMENT & DECREE DTD:29.8.2017 PASSED IN O.S.NO.117/2010
                       ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM,
                       DHARWAD, PARTLY DECREEING THE SUIT FILED FOR POSSESSION.

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

                       CORAM:          THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                                -2-
                                          NC: 2025:KHC-D:10400
                                       RFA No. 100365 of 2017


 HC-KAR




                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

On 09.01.2025, the learned counsel for the appellant

has filed a memo reporting the death of the sole appellant.

Despite granting sufficient opportunity, the legal

representatives of the deceased sole appellant have not

filed necessary application to come on record. Hence, the

appeal is abated by operation of law.

Accordingly, the appeal is dismissed as abated.

Sd/-

(ASHOK S. KINAGI) JUDGE

MBS CT: BSB