THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.06.2005 PASSED IN OS.NO.46/1997 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SENIOR DIVISION), RAMANAGARAM AND ETC.

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THIS R.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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The learned counsel appearing for the respondent Nos.3(a) and (b) filed a memo dated 12^th July 2021 reporting the death of the sole appellant – C.T.Thimmaiah as the said appellant died on 1^st June 2020.

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The learned counsel appearing for the appellant filed a memo along with a copy of the letter dated 23^rd August 2021 sent to the wife of the deceased appellant and also the xerox copy of the postal report with an endorsement as ‘Insufficient Address, Return to Sender’. The learned counsel for the appellant submits that except the address mentioned in the appeal, no other address is available to contact the legal representatives of the deceased appellant. He further submits that in the year 2019 also he has issued notice, but there is no response from the appellant. Hence, he seeks permission of the Court to retire from the case.

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In view of the submissions made by the learned counsel for the appellant, this Court permitted him to retire from the case.

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Heard the learned counsel appearing for the parties and perused the material available on record. Hence, this Court is of the opinion that even though the appellant died in the year 2020 itself, the legal representatives of the deceased sole appellant are not having any interest in prosecuting the matter assisting their advocate to proceed with the same by giving necessary information.

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In view of the aforesaid observation, the appeal is dismissed for non-prosecution.

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Sd/JUDGE

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C T Thimmaiah v. Marulu Siddaiah

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C T Thimmaiah v. Marulu Siddaiah

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