Regular second appeal against concurrent decrees in a suit for declaration and injunction. On being informed that the sole appellant had expired three years earlier, the High Court dismissed the appeal as having abated.
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.
NC: 2024:KHC-D:9146 RSA No. 100693 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 100693 OF 2017 (DEC/INJ-)
BETWEEN:
DNYANESHWAR S/O BAGAVANTAPPA BADIGER AGE: 47 YEARS, OCC: WELDING WORK, R/O: KULAGERI CROSS, TQ: BADAMI, DIST:BAGALKOT-587155.
…APPELLANT
(BY SRI GIRISH A. YADAWAD, ADVOCATE)
AND:
SMT. VIJAYLAXMI W/O VEERESH @ IRANAGOUDA RAYANAGOUDAR AGE: 42 YEARS, OCC: DOCTOR, R/O: KULAGERI CORSS, TQ: BADAMI DIST: BAGALKOT-587155.
Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
…RESPONDENT
(BY SRI PRAKASH N. HOSAMANE, ADVOCATE)
THIS RSA IS FILED U/S.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.02.2017 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, BADAMI IN R.A.NO.29/2014 CONFIRMING THE JUDGMENT AND DECREE DATED 25.03.2014 PASSED BY THE CIVIL JUDGE, BADAMI IN O.S.NO.103/2010.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC-D:9146 RSA No. 100693 of 2017
JUDGMENT
Learned counsel for the appellant submits that the sole
appellant expired three years ago.
In view of the same, the appeal is dismissed as having abated.
Sd/JUDGE
PMP CT:GSM List No.: 1 Sl No.: 30
1 issue framed by the court
Whether the second appeal survives after the death of the sole appellant during its pendency?
1 provisions across 1 enactments
Dnyaneshwar S/o Bagavantappa Badiger
Smt. Vijaylaxmi W/o Veeresh @ Iranagouda Rayanagoudar
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
