The High Court held that the appeal abated due to the appellant's death without legal representatives being brought on record and dismissed it for non-payment of costs and non-filing of the paper book.
The appeal is dismissed for non-payment of costs and non-filing of the paper book; it abated due to the appellant's death.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL No.517 OF 2017
BETWEEN:
SMT.KAPILA SAIGAL AGED ABOUT 46 YEARS D/O SRI.NARENDRA RAGHUNATHADAS SAIGAL NO.912/913, GANGAPPA TOWER, 4TH FLOOR OUTER RING ROAD, BELANDUR BENGALURU-560 037.
... APPELLANT
(BY SRI.IMRAN PASHA, ADVOCATE)
AND:
…RESPONDENTS (BY SRI.GIRIDHAR H., ADVOCATE FOR R1 & R2)
RFA No. 517/2017
2
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.01.2017 PASSED IN OS NO.5525/2015 ON THE FILE OF THE LIX ADDL.CITY CIVIL AND SESSIONS JUDGE BANGALORE CITY, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Counsel for the appellant is appearing through Video Conference and he has filed a memo dated 02.12.2021 reporting the death of the appellant on 11.05.2021.
RFA No. 517/2017 3
The beneficiary which is the Legal Services Committee of this Court is at liberty to recover the said amount from the appellant as
arrears of land revenue and in accordance with law.
In view of the disposal of the appeal, pending I.A. does not survive for consideration and accordingly stands disposed of.
Sd/JUDGE
JT/-
2 issues framed by the court
Whether the appeal stands abated in the light of the death of the appellant without legal representatives being brought on record.
Whether the appeal stands dismissed for non-payment of the cost and non-filing of the paper book.
Smt. Kapila Saigal
M/s Gajanana Enterprises Indane Gas Distributors
Sri. M.A. Naik
Dr. Justice H.B. Prabhakara Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
