The High Court of Karnataka dismissed an appeal byOwners abated due to the death of the sole respondent, supported by a death certificate submitted during hearing.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
R.S.A.No.401/2007
BETWEEN:
1 . SRI NANJUNDACHARI SON OF LATE NANJUNDACHARI AGED ABOUT 60 YEARS, R/AT YELWALA VILLAGE, YELWALA HOBLI MYSORE TALUK, MYSORE DISTRICT – 570 012.
2 . SRI SHIVALINGACHARI SON OF LATE NANJUNDACHARI AGED ABOUT 43 YERAS, RESIDING AT PWI QUARTERS, SOUTHERN RAILWAYS, ARASIKERE HASSAN DISTRICT – 583 125.
3 . SRI NAGARAJACHARI SON OF LATE NANJUNDACHARI AGED ABOUT 58 YEARS, RESIDING AT THONACHIKOPPAL, MYSORE,MYSORE DISTRICT – 570 012.
….APPELLANTS
(BY SRI P M SIDDAMALLAPPA, ADVOCATE - ABSENT)
AND:
SRI SUBBACHARI
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SON OF LATE LINGACHARI AGED ABOUT 76 YEARS, RESIDING AT YELWALA VILLAGE, YELWALA HOBLI, MYSORE TALUK, MYSORE DISTRICT – 570 012.
…RESPONDENT
(BY SRI NARENDRA D V GOWDA, FOR SRI. R.S.RAVI, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 CPC AGAINST THE JUDGMENT AND DECREE DATED:22.12.2006 PASSED IN RA.No.115/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST RACK COURT-IV, MYSORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.3.2001 PASSED IN OS.No.185/1993 ON THE FILE OF THE II CIVIL JUDGE (JR.DN.) AND JMFC, MYSORE.
THIS RSA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Sri. Narendra D.V.Gowda, for Sri. R.S.Ravi for respondent submits that sole respondent in this case died on 27.1.2020.
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with the death certificate of deceased-respondent on record, the appeal is dismissed as abated.
Sd/JUDGE
tsn*
Sri Nanjundachari
Sri Shivalingachari
Sri Nagarajachari
Sri Subbachari
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
