Gangavva W/O Basayya Patanshetty Hiremath v. Somayya S/O Nijagunayya Hongalmath
Case brief
What is this about?
High Court of Karnataka, Dharwad Bench; RSA No. 5250 of 2008 (NC: 2025:KHC-D:1290); decided 23.01.2025 by Justice E.S. Indiresh (oral judgment). Appellants: Gangavva W/o Basayya Patanshetty Hiremath and Smt. Parwatevva W/o Veerayya Baligar (Counsel: B V Somapur; V B Kanavi). Respondents: Hongalmath family members, respondents 4-6 being minors represented by mother/respondent No.2 Smt. Channabasavva (Counsel: Anad Kumar A. Magadum, A P Murari, Archana A. Magadum). Arises from O.S.No.153/1992 (decree 25.10.2000, II Addl. Civil Judge (Sr.Dn.) Dharwad) and R.A.No.4/01 (decree 22.09.2008, Fast Track Court No.1, Dharwad). Keywords: abatement of appeal, death of appellants, Section 100 CPC, second appeal abated, no merits decided.
What did the court decide?
On the joint submission of both learned counsel appearing for respondent No.1 that the appellants are no more, the Court held that the appeal stands abated.