Shivalingaya S/O Gursinddayya Math vs Lalita Bai W/O Baslingayya
2025 Latest Caselaw 8781 Kant

Karnataka High Court

Shivalingaya S/O Gursinddayya Math vs Lalita Bai W/O Baslingayya on 24 September, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                         NC: 2025:KHC-K:5794-DB
                                                        RFA No. 200043 of 2017
                                                    C/W RFA No. 200042 of 2017

                   HC-KAR




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                       DATED THIS THE 24TH DAY OF SEPTEMBER, 2025

                                           PRESENT
                             THE HON'BLE MR. JUSTICE H.P.SANDESH
                                             AND
                               THE HON'BLE MR. JUSTICE T.M.NADAF
                            REGULAR FIRST APPEAL NO.200043 OF 2017
                                         (PA/DE/IN)
                                             C/W
                   REGULAR FIRST APPEAL NO.200042 OF 2017 (DEC/INJ)

                   IN RFA.NO.200043/2017
                   BETWEEN:

                   SHIVALINGAYYA S/O GURSIDDAYYA MATH,
                   AGED ABOUT:74 YEARS,
                   OCC:AGRICULTURE & PENSIONER,
                   R/O: CHANDESHWAR, TQ: AURAD-B,
Digitally signed   DIST: BIDAR - 585 326.
by
BASALINGAPPA
SHIVARAJ                                                           ...APPELLANT
DHUTTARGAON
Location: HIGH
COURT OF           (BY SRI AJAYKUMAR A. K, ADVOCATE)
KARNATAKA

                   AND:
                   LALITA BAI
                   W/O BASLINGAYYA
                   AGED ABOUT: 60 YEARS,
                   OCC : AGRICULTURE & HOUSEHOLD,
                   R/O: CHANDESHWAR, TQ:AURAD-B,
                   DIST.BIDAR - 585 326.
                                                                 ...RESPONDENT

                   (BY SRI K. RAVINDRA, ADVOCATE)
                           -2-
                                     NC: 2025:KHC-K:5794-DB
                                    RFA No. 200043 of 2017
                                C/W RFA No. 200042 of 2017

HC-KAR




     THIS REGULAR FIRST APPEAL IS FILED U/S 96 OF CPC,
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND DECREE DATED 30.03.2015 PASSED IN
O.S.NO.48/2012 BY THE ADDL. SENIOR CIVIL JUDGE, BIDAR
SITTING AT AURAD-B, AND COSEQUENTLY DISMISS THE SUIT
OF THE PLAINTIFF, IN THE INTEREST OF JUSTICE AND EQUITY.
IN RFA.NO.200042/2017
BETWEEN:

SHIVALINGAYYA S/O GURSIDDAYYA MATH,
AGED ABOUT:74 YEARS,
OCC:AGRICULTURE & PENSIONER,
R/O: CHANDESHWAR, TQ: AURAD-B,
DIST: BIDAR - 585 326.
                                               ...APPELLANT
(BY SRI AJAYKUMAR A. K, ADVOCATE)
AND:
LALITA BAI
W/O BASLINGAYYA
AGED ABOUT: 60 YEARS,
OCC : AGRICULTURE & HOUSEHOLD,
R/O: CHANDESHWAR, TQ:AURAD-B,
DIST.BIDAR - 585 326.
                                             ...RESPONDENT

(BY SRI K. RAVINDRA, ADVOCATE)

     THIS REGULAR FIRST APPEAL IS FILED U/S 96 OF CPC,
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND DECREE DATED 30.03.2015 IN REGARD TO
COUNTER CLAIM SOUGHT BY THE APPELLANT AND
CONSEQUENTLY DISMISS THE SUIT          FILED BY THE
RESPONDENT PASSED IN O.S.NO.48/2012 BY THE ADDL.
SENIOR CIVIL JUDGE BIDAR SITTING AT AURAD-B, IN THE
INTEREST OF JUSTICE AND EQUITY.

    THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                  -3-
                                            NC: 2025:KHC-K:5794-DB
                                           RFA No. 200043 of 2017
                                       C/W RFA No. 200042 of 2017

HC-KAR




CORAM:    HON'BLE MR. JUSTICE H.P.SANDESH
          AND
          HON'BLE MR. JUSTICE T.M.NADAF

                      ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

These two appeals are filed challenging the judgment

and decree dated 30.03.2015 in OS no.48/2012 passed by

Addl. Senior Civil Judge and CJM, Bidar sitting at Aurad -B.

2. These two appeals are filed in the year 2017

and sole appellant has passed away on 02.11.2024. More

than 10 months have lapsed since then and necessary

steps are not taken in respect of deceased appellant even

after providing sufficient opportunity.

3. Hence, appeals are dismissed as abated.

Sd/-

(H.P.SANDESH) JUDGE

Sd/-

(T.M.NADAF) JUDGE

NJ/List No.: 1 Sl No.: 2/CT:NI