LAWS(KAR)-2023-6-104

CHANNABASAPPA Vs. NINGAPPA MOOKAPPA KARADI

Decided On June 22, 2023
CHANNABASAPPA Appellant
V/S
Ningappa Mookappa Karadi Respondents

JUDGEMENT

(1.) Heard Sri.Vinay Koujalagi, learned counsel for the appellant.

(2.) Sole appellant died on 26/10/2018. The appeal stands abated in view of the fact that no application is filed to bring his legal representatives on record.

(3.) However, on noticing the material on record, it is seen that suppressing the original suit filed by appellant in O.S.No.29/1988, second suit came to be filed by appellant in O.S.No.56/1994. The suppression is with all malafide intention. The suit in O.S.No.56/1994 came to be decreed and against which an appeal came to be filed by the defendants in RFA No.54/1999. The appeal came to be allowed setting aside the decree passed in O.S.No.56/1994 by considered judgment dtd. 16/11/2006. Thereafter, the second appeal is filed and the same came to be admitted by this Court on the following substantial question of law: