Dismissed¶¶36

Shankargouda S/O Doddangouda and Anr. v. Smt.Shashikala D/O Amregouda and Ors.

Karnataka HC16 Apr 2025RSA/200082/2016

Case brief

AI extract

What is this about?

Abatement of appeal — death of sole appellant — failure to substitute legal representatives — RSA No. 200082 of 2016, High Court of Karnataka, Kalaburagi Bench — Section 100 Code of Civil Procedure — challenge to decrees in Civil Misc.No.39 of 2012 and O.S.No.50 of 1998, Lingasugur, Raichur district — appeal dismissed as abated — Anant Ramanath Hegde, J. — 16.04.2025 — NC: 2025:KHC-K:2327.

What did the court decide?

As the sole appellant died in 2018 and steps were not taken to substitute his legal representatives, the appeal is dismissed as abated. ¶¶36

Shankargouda S/O Doddangouda and Anr. Vs Smt.Shashikala D/O Amregouda and Ors. — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-K:2327 RSA No. 200082 of 2016

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 16^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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REGULAR SECOND APPEAL NO. 200082 OF 2016 (PAR)

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BETWEEN:

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SHANKARGOUDA S/O DODDANGOUDA AGE: ABOUT 61 YEARS, OCC: AGRICULTURE,

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SMT.LAXMIBAI W/O SHANKARGOUDA AGE: ABOUT 53 YEARS, OCC: HOUSEHOLD,

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BOTH ARE R/O: YERADONA VILLAGE, TQ: LINGASUGUR, DIST: RAICHUR.

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Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA

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…APPELLANTS

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(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)

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AND:

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SMT. SHASHIKALA D/O AMREGOUDA AGE: 27 YEARS, OCC: HOUSEHOLD, R/O: YERADONA VILLAGE, TQ. LINGASUGUR, DIST: RAICHUR.

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AMAREGOUDA S/O DODDANGOUDA AGE: 58 YEARS, OCC: AGRICULTURE, R/O: YERADONA VILLAGE,

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2 - NC: 2025:KHC-K:2327 RSA No. 200082 of 2016

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TQ. LINGASUGUR, DIST: RAICHUR.

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SMT. ERAMMA W/O DODDANGOUDA AGE:77 YEARS, OCC: HOUSEHOLD,

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MAHESHWARAMMA W/O AMAREGOUDA AGE 62 YEARS, OCC: HOUSEHOLD, R/O: HALAPUR VILLAGE, TQ: MANVI, DIST: RAICHUR – 584 101.

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AMARAMMA W/O SHANKARGOUDA AGE: 55 YEARS, OCC: HOUSEHOLD, R/O: GOTAGUNAKI, DIST: BIJAPUR – 584 101.

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RUDRAGOUDA S/O DYAVANGOUDA PARAMPUR AGE: MAJOR, OCC: AGRICULTURE, R/O: PARAMPUR, TQ: LINGASUGUR, DIST: RAICHUR – 584 101.

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SMT. LALITHA W/O MALLANGOUDA, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O: # 30 SAJJALSHREE, 10^TH CROSS - EXAMINATION TEMPLE STREET ROAD, BHUVANESHWARI NAGAR, BENGALURU - 24.

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…RESPONDENTS

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(BY SRI R.S.SIDHAPURKAR, ADVOCATE FOR R6; R7 IS SERVED)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.12.2015 PASSED IN LEARNED SENIOR CIVIL JUDGE AND J.M.F.C., LINGASUGUR IN CIVIL MISC.NO.39 OF 2012 AND ALSO SET ASIDE THE JUDGMENT AND DECREE DATED 14.11.2005 PASSED BY THE LEARNED CIVIL JUDGE (JR.DN) AT LINGASUGUR IN O.S.NO.50 OF 1998, CONSEQUENTLY BE PLEASED TO DISMISS THE SUIT FILED BY THE FIRST RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY.

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