Smt Shivamma W/O Nagesh Valmiki v. Sri Nagaraj S/O Nagesh Valmiki
Case brief
What is this about?
Abatement of appeal - death of respondent - RFA dismissed as abated against ALL respondents following abatement against deceased respondent Nos. 4 and 7 - reliance on Suresh Chandra (Deceased) through LRs v. Parasram, 2025 INSC 873 - appeal under Section 96 read with Order 41 Rule 1 CPC - challenge to judgment and decree dated 30.09.2023 in O.S.No.24/2011, Senior Civil Judge and JMFC, Gangavathi - suit for declaration, permanent injunction, alternative partition and separate possession - High Court of Karnataka, Dharwad Bench - R. Devdas and B. Muralidhara Pai, JJ. - order dated 27.11.2025.
What did the court decide?
In view of the recent judgment of the Hon'ble Apex Court in Suresh Chandra (Deceased) through LRs and others v. Parasram & others (2025 INSC 873), the appeal not only abated against the deceased respondents but also against all the respondents.