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G Shambhavi Rao Vs Gulabi — Karnataka HC (2013) — LawSathi Research

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Karnataka HC
2013
G Shambhavi Rao Vs GulabiG Shambhavi Rao v. Gulabi

Dismissed

G Shambhavi Rao v. Gulabi

Karnataka HC7 Oct 2013RSA/833/2010

Case brief

AI extract

What is this about?

The High Court dismissed a regular second appeal as not maintainable because one of the respondents, the contesting defendant in the suit, had died.

What the court decided

AI extract

A

1 RSA No.833/2010

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 7^TH DAY OF OCTOBER, 2013 BEFORE

THE HON’BLE MR. JUSTICE A.S. PACHHAPURE REGULAR SECOND APPEAL No.833 OF 2010

BETWEEN:

SMT.G SHAMBHAVI RAO W/O LATE SRI RATNAKAR RAO AGED ABOUT 64 YEARS R/AT “VEENA COTTAGE” MAROLI KAIKAMBA KULSHEKAR POST MANGALORE-575 004.

... APPELLANT

(BY SRI: LOKESH MALAVALLI, ADV)

AND:

MRS.GULABI AGED ABOUT 78 YEARS R/AT KALIKAMBA TEMPLE CAR STREET MANGALORE-575 003.

SRI. KRISHNA AGED ABOUT 71 YEARS HOSAGADDE, PILAR THOKKOTTU, ULLAL MANGALORE-575 004.

... RESPONDENTS

THIS RSA IS FILED UNDER SECTION 100 ORDER XLI, RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 26.11.2009 PASSED IN RA NO.724/2004

Statutes considered

1 provisions across 1 enactments

AI extract

CPCOrder XLI Rule 1

Parties & counsel

AI extract

appellant
Smt.G Shambhavi Rao
respondent
Mrs. Gulabi
respondent
Sri. Krishna

Coram

AI extract

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 7 Oct 2013 · October
Registered: 1 Apr 2010
Case no.: RSA/833/2010

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Cite this judgement

G Shambhavi Rao v. Gulabi, RSA/833/2010 (KA), decided on 7 October 2013.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

CPCOrder XLI Rule 1

View all statutes

Bench / Coram

A.S. Pachhapure

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The appeal was dismissed as not maintainable. The court held that since Respondent No.1, who was the contesting defendant in the trial court, had died, the regular second appeal under Section 100 of the CPC could not be pursued.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

RSA No.833/2010

2

ON THE FILE OF THE I ADDL. DISTRICT JUDGE, D.K., MANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.08.1986 PASSED IN OS NO.319/1983 ON THE FILE OF THE I ADDL. MUNSIFF, MANGALORE.

THIS RSA COMING ON FOR ORDERS, THIS DAY THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

Respondent No.1 is the contesting defendant

in the Trial Court. The suit was for injunction. In view of the death of respondent No.1 (contesting defendant), the appeal is not maintainable. Hence, it is dismissed.

Sd/JUDGE

*bgn/-

A.S. Pachhapure

CNR

KAHC010332172010

Bench

Disposal

DISMISSED

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8 Oct 2013

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8 Oct 2013