Regular second appeal abated as notice sent to appellant was endorsed as 'deceased'.
Regular Second Appeal stands abated.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO. 3428/2006 (DEC/INJ)
BETWEEN:
BUDAPPA DHARMAPPA PUJAR 70 YEARS,OCC: AGRICULTURIST, R/O. MISHRIKOTI VILLAGE-581204, TQ. KALAGHTAGI, DIST. DHARWAD.
...APPELLANT
(BY MS. SHIVALEELA FOR SRI ARAVIND D. KULKARNI, ADVOCATE)
AND:
REENAPPA PANEPPA KOLUR MAJOR,OCC: AGRICULTURIST, R/O. MISHRIKOTI VILLAGE-581204, TQ. KALAGHATAGI,DIST. DHARWAD.
… RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 12.08.2006 PASSED BY THE II ADDL. CIVIL JUDGE (SR.DN.) DHARWAD IN RA NO. 115/2001 AND ALSO SET ASIDE THE JUDGMENT AND DECREE DATED 28.02.2000 PASSED BY THE CIVIL JUDGE (JR.DN.) KALGHATAGI IN OS NO. 325/1992 AND CONSEQUENTLY DECREE THE SUIT AS PRAYED FOR.
THIS REGULAR SECOND APPEAL POSTED FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Ms.Shivaleela., learned counsel on behalf of
Sri.Aravind D.Kulkarni., for appellant has appeared in person.
Counsel submits that a memo has been filed along with RPAD Cover stating that they had forwarded a notice to the appellant, but the same is returned with an endorsement as “deceased”. Counsel therefore, submits that the memo may be placed on record and appropriate order may be passed.
Submission is noted. Memo is placed on record.
I have also perused the RPAD Cover. The same is returned with an endorsement as “deceased”. Hence, the Regular Second Appeal stands abated.
Sd/JUDGE
TKN
Budappa Dhardappa Pujar
Reenappa Paneppa Kolur
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
