Basavaraj Kulkarni v. Vittal S/O Mallappa Hulkoppa

Karnataka HC18 Jun 2025RFA/100428/2022

Case brief

AI extract

What is this about?

Abatement of entire Regular First Appeal on death of a contesting defendant whose legal representatives were not impleaded; Karnataka HC Dharwad Bench; RFA No.100428 of 2022 (PAR/POS); filed under S.96 CPC; challenge to judgment and decree dated 16.04.2019 of 1st Addl. Senior Civil Judge and CJM Dharwad in OS No.138/2017; notice to respondent No.2 returned un-served, returned to Registry 30.05.2024; decided 18.06.2025; no merits adjudicated; no cases cited; no monetary quantum.

What did the court decide?

None - the appeal abated in its entirety. ¶¶32

Basavaraj Kulkarni Vs Vittal S/O Mallappa Hulkoppa — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:7755-DB RFA No. 100428 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF JUNE, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE R.NATARAJ

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AND

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THE HON'BLE MR. JUSTICE RAJESH RAI K

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REGULAR FIRST APPEAL NO.100428 OF 2022 (PAR/POS)

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BETWEEN:

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BASAVARAJ KULKARNI S/O. PARAMESHWARAPPA KULKARNI, AGED ABOUT 56 YEARS, R/O. 1^ST CROSS, MANJUNTHPURA, MALMADDI, DHARWAD-580007.

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…PETITIONER

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(BY SRI. K.L. PATIL AND SRI. S.A. SANDUR, ADVOCATES)

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AND:

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VITTAL S/O. MALLAPPA HULKOPPA, AGED ABOUT 41 YEARS, R/O. MUGAD-580007, TQ. AND DIST. DHARWAD.

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Digitally signed
by YASHAVANTNARAYANKAR
Location: HIGH
YASHAVANTNARAYANKAR COURT OFKARNATAKADHARWADBENCHDHARWAD
Date:2025.06.19
14:10:45 +0530

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MALLAPPA HULKOPPA S/O. THIPPANNA, AGED ABOUT 64 YEARS, R/O. NO. 45, MUGAD-580007, TQ. AND DIST. DHARWAD.

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SMT. MAHADEVI B. HOSAMANI, W/O. BASAVARAJ, AGED ABOUT 44 YEARS, R/O. KADABAGATTI, DHARWAD-581103.

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…RESPONDENTS

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(R1 AND R3 ARE SERVED; APPEAL AGAINST R2 IS ABATED)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO CALL FOR THE RECORDS AND ALLOW THE APPEAL AND TO SET ASIDE THE JUDGMENT AND DECREE DATED 16.04.2019 PASSED BY 1^ST ADDL. SENIOR CIVIL JUDGE AND CJM DHARWAD, IN OS NO.138/2017 AND CONSEQUENTLY DISMISS THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2025:KHC-D:7755-DB RFA No. 100428 of 2022

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HC-KAR

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND

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THE HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE R.NATARAJ)

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Notice issued to respondent No.2 has returned un-served as respondent No.2 has expired. The said notice was returned to the Registry on 30.05.2024. However, no steps are taken till date to bring the legal representatives of deceased-respondent No.2 on record. Hence, the appeal against respondent No.2 stands abated.

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In view of the abatement of the appeal as against respondent No.2, the appeal abates in its entirety as respondent No.2 was one of the contesting defendants in the suit.

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SD/(R.NATARAJ) JUDGE

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SD/(RAJESH RAI K) JUDGE

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YAN CT:PA LIST NO.: 1 SL NO.: 7

Basavaraj Kulkarni v. Vittal S/O Mallappa Hulkoppa

Case brief

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Basavaraj Kulkarni v. Vittal S/O Mallappa Hulkoppa

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