Citation : 2026 Latest Caselaw 484 Kant
Judgement Date : 23 January, 2026
-1-
NC: 2026:KHC:3932
RSA No. 2198 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 2198 OF 2016
(DEC/INJ)
BETWEEN:
SMT. ANASUYAMMA
W/O LATE GOPALA LALIYA @ GOPAL NAIK,
AGED ABOUT 46 YEARS,
OCCUPATION: HOUSE WIFE,
RESIDING AT HOSADURGA ROAD,
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527
...APPELLANT
(BY SRI. ANJANEYA A B., ADVOCATE)
Digitally signed AND:
by KIRAN
KUMAR R 1. THE DIVISIONAL PLERSONAL OFFICER
Location: HIGH
COURT OF MYSORE DIVISION,
KARNATAKA DIVISIONAL OFFICE,
SOUTH WESTERN RAILWAY,
MYSORE-570021
2. SAROJA BAI
D/O RAMA NAIK,
AGED ABOUT 30 YEARS,
C/O SHANKARA NAIK,
YEREHALLI AND POST,
KADUR TALUK
CHIKKAMAGALORE DISTRICT-577548
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NC: 2026:KHC:3932
RSA No. 2198 of 2016
HC-KAR
3. MANJUNATHA
S/O GOPALA LALIYA @ GOPALA NAIK,
AGED ABOUT 31 YEARS,
YEREHALLI AND POST,
KADUR TALUK
CHIKKAMAGALORE DISTRICT-577548
4. GEETHA BAI
D/O GOPALA LALIYA @ GOPALA NAIK,
W/O PRAKASH NAIK
AGED ABOUT 28 YEARS,
OCCUPATION: HOUSE WIFE
HARIYAPURA VILLAGE
ARASIKERE TALUK
HASSAN DISTRICT-573103
...RESPONDENTS
[BY SRI. KAVITHA H.C., ADVOCATE FOR R1 (MOA FILED)
SRI. S.V. DESAI, ADVOCATE FOR R1
SRI. K.R. LINGARAJU, ADVOCATE FOR R2 TO R4 (NOC
GIVEN IN R/O R2 ONLY)
SRI. N VAGEESH, ADVOCATE FOR R2( NOC VK FILED)]
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 19.12.2014 PASSED IN
RA 64/2013 ON THE FILE OF THE ITINERARY SENIOR CIVIL
JUDGE,M HOSADURGA. DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 5.07.2013
PASSED IN OS NO.270/2011 ON THE FILE OF THE ADDL. CIVIL
JUDGE AND JMFC, HOSADURGA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
*****
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
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NC: 2026:KHC:3932
RSA No. 2198 of 2016
HC-KAR
ORAL JUDGMENT
1. Learned counsel for respondent No.2 has reported
the death of sole appellant on 22.05.2025.
2. Despite reporting the death of sole appellant, the
necessary applications have not been filed. Hence,
the appeal is abated by operation of law.
3. Accordingly, the appeal is dismissed as abated.
4. In view of the dismissal of the appeal, pending
interlocutory applications do not arise of
consideration and are accordingly disposed of.
Sd/-
(ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 17
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