The High Court of Karnataka dismissed an RFA challenging a partition suit decree. The sole respondent had died, leaving the appeal to abate. The court found no ground for adjournment and dismissed the appeal as abated upon counsel for appellants seeking time to take steps.
The appeal is dismissed as 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 AT BENGALURU
DATED THIS THE 03RD DAY OF NOVEMBER, 2020
PRESENT
THE HON'BLE MRS. JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
RFA.NO.1018 OF 2011 (PAR)
BETWEEN:
1 . MR. KRISHNAPPA S/O MR. BYRAPPA AGED ABOUT 58 YEARS
2 . MR. K MURALIDHARA S/O MR KRISHNAPPA AGED ABOUT 34 YEARS
3 . MR RAJU @ LAKSHMINARAYAN S/O MR KRISHNAPPA AGED ABOUT 32 YEARS
4 . MR UMESH S/O MR KRISHNAPPA AGED ABOUT 30 YEARS
ALL ARE R/A NO.6/1 NEAR GOVT SCHOOL CHUNCHUGATTA BANGALORE-560 062 ALSO AT NO.85, DODDAMUDUWADI KANAKAPURA TALUK
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BANGALORE RURAL DISTRICT BANGALORE-562 117
....APPELLANTS
(BY SRI. H.S. PRASHANTH, ADVOCATE)
AND:
SRI M KRISHNAMURTHY S/O LATE MARAPPA AGED ABOUT 50 YEARS R/A VAJARAHALLI BYPANPALYA, OPP. TEMPLE TELGATTAPUR BANGALORE-560 062.
….RESPONDENT
(SRI. B. PRAMOD AND RAMESH BABU, ADVOCATES
THIS RFA IS FILED UNDER SECTION 96 AND ORDER 41, RULES 1 AND 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 20.04.2011 PASSED IN O.S.4331/2005 ON THE FILE OF THE XXII-ADDL.CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR THE PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the respondent has filed a
memo reporting death of the sole respondent Sri M.Krishnamurthy on 21.07.2019 along with copy
of death certificate. Said memo was placed on record
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on 15.10.2020 and the matter was directed to be listed today i.e., 03.11.2020, at the request of learned counsel appearing for the appellants to take steps in the matter.
Today, learned counsel for the appellants yet further seeks time.
In view of the appeal being already abated, we find no ground to adjourn the matter further.
The appeal stands dismissed as abated.
Sd/JUDGE
Sd/JUDGE
CA
2 issues framed by the court
What is the fate of the appeal filed by the survivors when the sole respondent has died and the appeal has abated?
Whether the appeal stands dismissed as abated without adjournment given the death of the sole respondent?
2 provisions across 1 enactments
Mr. Krishnappa S/o Mr. Byrappa
Mr. K Muralidhara S/o Mr Krishnappa
Mr Raju @ Lakshminarayan S/o Mr Krishnappa
Mr Umesh S/o Mr Krishnappa
Sri M Krishnamurthy
S. Sujatha
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
