CHANDRASHEKHARAPPA Vs. ANNAPURANABAI

JUDGEMENT

(1.) The appellants have called into question the judgment and decree, dated 18.1.2011 passed by the Fast Track Court III, Dharwad in R.A.No.93/2007.

(2.) The full advertence to the facts of the case may not be necessary. Suffice to state that the respondent filed O.S.No.206/2005 against her brother Chandrashekharappa seeking the relief of partition agitating her half share in the suit schedule properties numbering 10 items. The defendant remained exparte. The suit was dismissed, as the suit schedule properties were not available for partition on account of the Land Tribunal passing the order that the defendant is holding the lands in excess of ceiling area as per the Land Reforms Act, 1961. Aggrieved by the dismissal of the suit, the plaintiff (the respondent herein) filed R.A.No.93/2007 before the First Appellate Court (Fast Track Court III, Dharwad). The First Appellate Court set aside the Trial Court's judgment and decreed the suit entitling the respondent to half share in the suit schedule properties excluding the excess land. It is this judgment of the First Appellate Court, which is called into question by the L.R.s of the defendant.

(3.) Sri Suresh P.Hudedagaddi, the learned counsel for the appellants has urged a solitary but formidable contention. He submits that the judgment and decree passed by the First Appellate Court is a nullity, as it is passed against a dead person. He submits that the appellant died on 12.12.2010. He submits that without disclosing the factum of the death of the defendant, the arguments were advanced on 18.1.2011, on which date the suit was decreed.