IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR SECOND APPEAL NO.1412 OF 2008 BETWEEN G SHIVALINGAPPA S/O CHANNABASAPPA SINCE DECEASED BY HIS LRS.
1 (a) S.DEVARAJ S/O LATE G.SHIVALINGAPPA AGED 40 YEARS, AGRITULTURIST, R/O HOSUR VILLAGE, ARAKERE POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT-577201.
1(b) G S NAGARAJ S/O LATE G.SHIVALINGAPPA AGED 36 YEARS, AGRICULTURIST, R/AT HOSUR VILLAGE, ARAKERE POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT-577201.
1(c) SMT SHANKARAMMA W/O LATE G.SHIVALINGAPPA AGED 33 YEARS, R/AT HOSUR VILLAGE, ARAKERE POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT-577201.
1(d) SMT PARVATHAMMA D/O LATE G.SHIVALINGAPPA W/O NAGARAJAPPA AGED 32 YEARS, R/O KALLIHAL VILLAGE, BHADRAVATHI TALUK, SHIMOGA DISTRICT-577201(DELETED).
1(e) SMT JAYAMMA D/O LATE G.SHIVALINGAPPA W/O DHANANJAYAPPA AGED 30 YEARS, R/O KONDAPURA VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577501.
1(f) SMT S VAJANAKSHI D/O LATE G.SHIVALINGAPPA W/O PANCHAKSHARAPPA AGED 28 YEARS, OCC: HOUSEHOLD WORK, R/O HUSASAGHATTA VILLAGE POST, HONNALI TALUK, DAVANAGERE DISTRICT-577001.
1(g) SMT G S PUSHPAVATHI D/O LATE G.SHIVALINGAPPA W/O ASHOK, AGED 27 YEARS, HOUSEHOLD WORK, R/O VADNAL VILLAGE, CHANNAGIRI TALUK, DIST: DAVANAGERE-577001.
1(h) MASTER S YOGESH S/O LATE G.SHIVALINGAPPA AGED 26 YEARS, R/O HOSUR VILLAGE, ARAKERE POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT-577201. ... APPELLANTS (By Sri. NANDEESH PATIL, ADV. FOR Sri. F.V.PATIL, ADV.) AND M H PARAMESHWARAPPA S/O HALAPPA AGED ABOUT 75 YEARS, AGRICULTURIST, R/O AGARADHA HALLI BHADRAVATHI TALUK, SHIMOGA DISTRICT. ... RESPONDENT (By Sri B K MANJUNATH, ADV) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.03.2008 PASSED IN R.A.NO.9/1998 ON THE FILE OF THE PRL. DISTRICT JUDGE, SHIMOGA, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 10.12.1997 PASSED IN O.S.NO.8/1991 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC., BHADRAVATHI.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T A Memo has been filed on 21.2.2019 by the learned counsel for the respondent stating that the sole respondent M.H.Parameshwarappa has died about an year ago. However, till date, death certificate of the respondent is not produced.
Hence, appeal is dismissed as abated.
bkp Sd/-
JUDGE