In this regular second appeal, the High Court of Karnataka noted that the appellant had died. Based on a report from the District and Sessions Judge, the single-judge bench held that the appeal abated and issued no operative order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100190 OF 2016 (DEC & INJ)
BETWEEN:
SHRI. SHRIKANT S/O BHUJABALI HOSURE AGE: 82 YEARS, OCC: BUSINESS, R/O: UGAR BK-591320, TQ: ATHANI DIST: BELAGAVI. (REPORTED AS “DEAD”)
...APPELLANT
AND:
1 . SHRI.SHRIMANT S/O TIPPANNA HOSURE, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: UGAR BK-591320, TQ: ATHANI, DIST: BELAGAVI.
3 . SHRI.RAVASAB @ RAOSAB S/O TIPPANNA HOSURE, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: UGAR BK-591320, TQ: ATHANI, DIST: BELAGAVI.
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AGE: 61 YEARS, OCC: AGRICULTURE, R/O: UGAR BK-591320, TQ: ATHANI, DIST: BELAGAVI.
5 . SMT.SUVARNA W/O TAMMA HOSURE, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: UGAR BK-591320, TQ: ATHANI, DIST: BELAGAVI.
… RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 , 1908 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.11.2015 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE ATHANI IN RA NO. 21/2012 AND RESTORE THE JUDGMENT AND DECREE DATED 08.11.2011 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC ATHANI IN OS NO. 179/2003 AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT BY DECREEING THE SUIT IN OS NO. 179/2003 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC ATHANI.
THIS REGULAR SECOND APPEAL POSTED FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The appeal is listed today for orders regarding Court notice report received from Principal District and Sessions Judge, Belagavi.
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The appellant is Sri.Shrikant S/o.Bhujabali Hosure and he was represented by counsel Sri.M.G.Naganuri. In view of demise of learned counsel Sri.M.G.Naganuri, Court notice was issued to the appellant on 06.09.2022.
The report from Principal District and Sessions Judge, Belagavi depicts that the appellant is dead. Hence, the Regular Second Appeal stands abated .
Sd/JUDGE
TKN
1 issue framed by the court
Whether the regular second appeal stands abated due to the death of the appellant.
1 provisions across 1 enactments
Shrikant S/o Bhujabali Hosure
Shriment S/o TIPPANNA HOSURE
Bulasab S/o Shrimant Hosure
Ravasab @ Raosab S/o Tippanna Hosure
Tamma S/o Tippanna Hosure
Smth Svurna W/o Tamma Hosure
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
