Smt.Suvarana W/O Kashappa Tenginakai v. Sri. Shambhulinga S/O Mallappa Kiragi
Case brief
What is this about?
Abatement of appeal; suit for partition; death of respondents during pendency without substitution of legal representatives; entire appeal abates against all respondents, not merely deceased ones; S.96 CPC regular first appeals; Suresh Chandra v. Parasram, 2025 INSC 873 applied; both appeals dismissed as abated; Karnataka High Court, Dharwad Bench, 21-11-2025; OS No.113/2015, Principal Senior Civil Judge & CJM Gadag; judgment and decree dated 10/09/2018 impugned; same individuals appear in reversed roles across the two connected appeals (Tirlapur brothers appellants in RFA 100180/2021, respondents therein include the Tenginakai family who are appellants in RFA 100093/2022).
What did the court decide?
None; both appeals stand dismissed as abated ¶71