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2025 DAILYLAW 40318 (KAR)

DODDAIAH v. SMT MEENAKSHI @ MEENAKSHAMMA

RSA/865/2013 · 2025-07-17

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27221 RSA No. 865 of 2013 C/W RSA No. 866 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 865 OF 2013 (INJ) C/W REGULAR SECOND APPEAL NO. 866 OF 2013 IN RSA No. 865/2013 BETWEEN: DODDAIAH S/O RANGAIAH AGED ABOUT 52 YEARS AGRICULTURIST R/O VASTARE VILLAGE AND POST CHIKMAGALUR TALUK AND DISTRICT – 575001 …APPELLANT (BY SRI. GURURAJ R., ADVOCATE FOR SRI. SANDHYA U PRABHU, ADVOCATE) AND: SMT MEENAKSHI @ MEENAKSHAMMA W/O D CHANDREGOWDA AGED ABOUT 60 YEARS R/O HALLIHITHLU ANURU VILLAGE VASTARE HOBLI CHIKMAGALUR TALUK AND DISTRICT – 575 001 …RESPONDENT (BY SRI. M S RAGHAVENDRA PRASAD., ADVOCATE FOR C/R) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27221 RSA No. 865 of 2013 C/W RSA No. 866 of 2013 THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 30.3.2013 PASSED IN R.A.NO.91/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHIKMAGALUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 21.11.2011 PASSED IN OS.NO.457/2003 THE FILE OF THE PRL. CIVIL JUDGE & JMFC., CHIKMAGALUR. IN RSA NO. 866/2013 BETWEEN: DODDAIAH S/O RANGAIAH AGED ABOUT 52 YEARS AGRICULTURISTS R/O VASTARE VILLAGE AND POST CHIKMAGALUR TALUK AND DISTRICT – 575 001 ...APPELLANT (BY SRI. GURURAJ R., ADVOCATE FOR SRI. VIGHNESHWAR S SHASTRI, ADVOCATE) AND: 1. SMT MEENAKSHI @ MEENAKSHAMMA W/O D. CHANDREGOWDA AGED ABOUT 60 YEARS R/O HALLIHITHLU ANURU VILLAGE VASTARE HOBLI CHIKMAGALUR TALUK & DISTRICT – 575 001 2. TAHASILDAR CHIKMAGALUR TALUK AND DISTRICT – 575 001 3. ASSISTANT COMMISSIONER CHIKMAGALUR SUB-DIVISION CHIKMAGALUR TALUK – 575 001 - 3 - HC-KAR NC: 2025:KHC:27221 RSA No. 865 of 2013 C/W RSA No. 866 of 2013 4. REVENUE INSPECTOR VASTARE HOBLI CHIKMAGALUR TALUK AND DISTRICT – 575 001 5. VILLAGE ACCOUNTANT ATTACHED TO ANOOR VILLAGE PANCHAYATH ANOOR, CHIKMAGLURE TALUK AND DISTRICT – 575 001 6. SUB-INSPECTOR OF POLICE ALDUR POLICE STATION, ALDUR CHIKMAGLURE TALUK AND DISTRICT – 575 001 7. SUPERINTENDENT OF POLICE CHIKMAGLURE TALUK AND DISTRICT – 575 001 ...RESPONDENTS (BY SRI. M.S. RAGHAVENDRA PRASAD, ADVOCATE FOR R1 V/O DATED 26.08.2014 SRI. KIRAN KUMAR, HCGP FOR R2 TO R7) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 30.3.2013 PASSED IN R.A.NO.94/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHIKMAGALUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 21.11.2011 PASSED IN OS.NO.363/2007 THE FILE OF THE PRL. CIVIL JUDGE & JMFC., CHIKMAGALUR. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 4 - HC-KAR NC: 2025:KHC:27221 RSA No. 865 of 2013 C/W RSA No. 866 of 2013 ORAL JUDGMENT Learned counsel for the appellant filed a memo reporting the death of the appellant in both appeals who passed away on 29.05.2020. He submits that the suit is one for bare injunction. In view of death of the appellant, a cause of action does not survive for consideration. Accordingly, he submits that the appeals are abated and hence, the appeals may be dismissed as abated. 2. Memo and submissions are placed on record. 3. Accordingly, the appeals are dismissed as abated. In view of disposal of the appeal, I.A.No.1/2013 does not survive for consideration, and accordingly stands disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS