IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.1415/2006 BETWEEN:
RAJAIAH S/O SRI DODDAPALAIAH AGED ABOUT 69 YEARS, OCC:AGRICULTURIST, R/AT CHENNABASAIANAHATTI VILLAGE, NAYAKANAHATTI HOBLI, CHELLAKERE TALUK CHITRADURGA DISTRICT-577522 ..APPELLANT (BY SRI B M SIDDAPPA, ADVOCATE) AND:
1.SMT MALLAMMA W/O LATE RAJAIAH AGED ABOUT 70 YEARS, R/AT CHENNABASAIANAHATTI VILLAGE, NAYAKANAHATTI HOBLI, CHELLAKERE TALUK, CHITRADURGA DISTRICT-577522 2.PALAIAH S/O LATE RAJAIAH AGED ABOUT 55 YEARS, R/AT CHENNABASAIANAHATTI VILLAGE, NAYAKANAHATTI HOBLI, CHELLAKERE TALUK, CHITRADURGA DISTRICT-577522 3.BYANNA S/O LATE RAJAIAH AGED ABOUT 52 YEARS, R/AT CHENNABASAIANAHATTI VILLAGE, NAYAKANAHATTI HOBLI, CHELLAKERE TALUK, CHITRADURGA DISTRICT-577522 4.TIPPAIAH S/O LATE RAJAIAH AGED ABOUT 45 YEARS, R/AT CHENNABASAIANAHATTI VILLAGE, NAYAKANAHATTI HOBLI, CHELLAKERE TALUK, CHITRADURGA DISTRICT-577522 5.OBAIAH S/O LATE RAJAIAH AGED ABOUT 45 YEARS, R/AT CHENNABASAIANAHATTI VILLAGE, NAYAKANAHATTI HOBLI, CHELLAKERE TALUK, CHITRADURGA DISTRICT-577522 ..RESPONDENTS (BY SRI H.ASHOK KUMAR, ADVOCATE FOR R-2 & 5, APPEAL AGAINST RESPONDENTS 1, 3 AND 4 STANDS ABATED VIDE ORDER DATED 28.03.2018) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED:10.04.2006 PASSED IN R.A.NO.254/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN), CHALLAKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:20.09.2001 PASSED IN O.S.NO.224/97 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC, CHALLAKERE.
THIS RSA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellant submits that appellant is reported dead during the year 2017.
Hence, appeal is closed as abated.
Sd/- JUDGE SBN