This was a regular first appeal regarding civil proceedings. The appellant died, and since no application to substitute his legal representatives was filed within time, the court held the appeal abated and disposed of the matter.
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.
1
IN THE HIGH COURT OF KARNATAKA BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR FIRST APPEAL NO.580 OF 2014 (DEC)
BETWEEN:
SRI.M.V.DWARAKANATH S/O SRI.M.R.VENUGOPAL KRISHNA AGED ABOUT 74 YEARS R/AT. NO.315, 6TH MAIN K.H.B COLONY BASAVESHWARNAGAR BANGALORE - 560 079. …APPELLANT
(BY SMT.DEEPIKA JOSHI FOR SRI.VARUN PATIL, ADVOCATE)
AND :
BANGALORE - 560 054.
BANGALOE - 560 054. …RESPONDENTS
(BY SRI.P.N.HEGDE, ADVOCATE)
2
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE 1908.
THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Smt.Deepika Joshi learned counsel on behalf of Sri.Varun Patil for appellant and Sri.P.N.Hegde learned counsel for respondents have appeared through video conferencing.
Counsel for appellant submits that the sole appellant has died on 12.06.2015.
Submission is noted.
An application to bring the legal representatives of deceased appellant has not been filed within time. Hence, appeal stands abated.
For statistical purpose, the appeal is disposed of .
Sd/JUDGE
TKN
1 issue framed by the court
Whether the appeal abated due to the death of the appellant without filing an application to bring legal representatives within time?
1 provisions across 1 enactments
Sri.M.V.Dwarakanath
Sri.J.C.Kempaiah
Smt.C.Radhamma
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
