Image text recovered. The court recorded that the sole appellant had died on 05/11/2015 and that no legal representatives were brought on record. Consequently, the court granted an abatement order.
Appeal abated.
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.
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER 2016
BEFORE
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA
R.S.A.No.2114/2007
BETWEEN :
YENKAMMA W/O SHARANAPPA YALAVAR AGED ABOUT 47 YEARS R/O BANDIGERA LOCALITY YADGIR YADGIR TALUK
GULBARGA DISTRICT- 585 201 … APPELLANT
(By Sri. MAHADEV S. PATIL, ADVOCATE FOR SRI S.S. HALLI, ADVOCATE)
AND:
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(BY SRI CHAITANYAKUMAR C.M. & SRI NARENDRA N.BETTAD, ADVOCATES FOR RESPONDENTS 1 & 2- ABSENT)
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 21.07.2007 PASSED IN RA NO.13/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) YADGIR ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.04.2007 PASSED IN O.S. NO.91/2004 ON THE FILE OF THE CIVIL JDUGE (JR.DN.) YADGIR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, COURT DELIVERED THE FOLLOWING:
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JUDGEMENT
Appellant’s counsel submits that sole appellant died on 05/11/2015. No steps have been taken to bring her Legal Representatives in time. In the circumstances,
appeal abates.
Sd/JUDGE
*mvs
1 issue framed by the court
Whether the appeal filed under Section 100 CPC was liable to abate upon the death of the sole appellant without legal representatives being brought on record.
1 provisions across 1 enactments
Yenkamma W/O Sharanappa Yalavar
Shivakumar S/O Ambruth
Vijayalaxmi W/O Narasayya Shahabadi
Sachin S/O Narasayya
Nathan S/O Narsayya
B.V.Nagarathna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
