The High Court of Karnataka dismissed the revisional appeal filed under Section 96 CPC against the dismissal of a money recovery suit, holding that the appeal abated due to the death of the appellant without inheritance of the proceedings by legal representatives.
The appeal dismissed as abated; all pending I.As. disposed of.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.F.A.No.1440/2014
BETWEEN :
KISHORE S/O SHIVADAS @ VIJAYAN, AGED ABOUT 47 YEARS, R/O NEW NO.23 (OLD NO.450), 39TH A CROSS, 5TH BLOCK, JAYANAGAR, BANGALORE-41. ...APPELLANT
(BY SRI GANGADHAR D.C. ADV. FOR SRI M.S.HARISH KUMAR, ADV.)
AND :
SMT.SRIKALA W/O SRI M.RAMADAS, R/AT NO.43, ISHWARYAM, 2ND CROSS, LAKSHMI LAYOUT, MUNNEKOLALU, MARATHAHALLI, BANGALORE-560 037. …RESPONDENT
THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.07.2014 PASSED IN O.S.No.6972/2008 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel Sri. D.C. Gangadhar appearing
on behalf of the learned counsel Sri. M.S. Harish Kumar
for the appellant submits that the appellant died about
four months back and the appeal is abated. No instructions/information is conveyed by the legal representatives of the deceased – appellant to take steps in the matter. Hence, submits that the appeal may be dismissed as abated.
The said submission is placed on record.
The appeal stands dismissed as abated.
All pending I.As. stand disposed of.
Sd/JUDGE
Sd/JUDGE
PMR
Kishore S/O Shivadas @ Vijayan
Smt. Srikala W/O Sri M. Ramadas
S.Sujatha
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
