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Karnataka High Court

Smt. Chandamma W/O Shankrapa Chalgeri vs Channaveer Alleged S/O Andraya Hadagil on 14 June, 2022

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                             1




         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

       DATED THIS THE 14TH DAY OF JUNE 2022

                         BEFORE

  THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

               RSA No.200036/2014 (DEC)

BETWEEN:

Smt. Chandamma
W/o Shankrappa Chalgeri,
Age: 74 years, Occ: Household,
R/o. Kinni Sadak Village,
Tq. & Dist. Gulbarga
Now residing at Ambalaga Village,
Tq. Aland, Dist. Gulbarga-585302.
                                                ... Appellant
(By Sri.Vikram Vijay Kumar, Advocate)

AND:

Channaveer Alleged S/o Anandraya Hadagil
@ Narayanpur,
Age: 19 years, Occ: Student,
R/o. Ambalaga Village, Tq. Aland,
Dist. Gulbarga, represented by
Suresh S/o. Gurubasappa Hadagil
@ Gangani, Age: 53 years, Occ: Agriculture,
R/o. Ambalaga Village, Tq. Aland,
Dist. Gulbarga-585302.
                                              ... Respondent
(By Sri. Ananth. S. Jahagirdar, Advocate)
                              2



     This Regular Second Appeal is filed under Section
100 of CPC, praying to allow the appeal by setting aside
the judgment and decree dated 30.11.2013 passed in
R.A.No.194/2010 by the IV Addl. District Judge, Gulbarga
and consequently restore the judgment and decree dated
11.08.2010 passed in O.S.No.23/2008 by the Civil Judge
(Sr.Dn.), Aland with cost throughout.

      This appeal coming on for Orders, this day, the Court
delivered the following:-

                       JUDGMENT

The sole appellant is reported to be dead and the learned counsel for respondent has filed a memo on 02.08.2021 itself reporting death of appellant on 18.07.2021. In spite of granting more than 9 months, no steps were taken to bring the legal representatives of deceased appellant. Hence, the appeal stands abated.

Sd/-

JUDGE msr