A regular first appeal was disposed of as abated. The court held that the appeal abated because the application to implead legal representatives of the deceased sole respondent was not filed within the prescribed time.
The appeal was disposed of as it stands abated.
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.
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IN THE HIGH COURT OF KARNATAKA BENGALURU
DATED THIS THE 26th DAY OF JULY, 2021
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR FIRST APPEAL NO.589 OF 2014 (DEC/INJ)
BETWEEN:
SRI.M.NAGARAJ, AGED ABOUT 41 YEARS, S/O LATE SRI MUNIRAMAIAH, R/AT NO.3, BOWEE LANE, B STREET, ASHOKNAGAR, BANGALORE - 560 025.
… APPELLANT
(BY SRI.SHYAM KOUNDINYA A.S., ADVOCATE)
AND:
MR.A.SUSAINATHAN, AGED ABOUT 83 YEARS, W/O LATE SRI ANTHONY, R/AT NO.23, K.NO.4TH STREET, ASHOKNAGAR, BANGALORE - 560 025. … RESPONDENT
(BY SRI.N.RAVINDRANATH KAMATH, ADVOCATE FOR C/R)
THIS RFA IS FILED UNDER SECTION 96 OF CIVIL PROCEDURE CODE, 1908.
THIS RFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING :
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JUDGMENT
Sri.Shyam Koundinya, learned counsel for appellant has appeared through video conferencing.
He submits that a memo has been filed by respondent's counsel reporting the death of sole respondent. It is stated that the sole respondent died on 23.04.2019. Accordingly, a memo has already been filed on 13.01.2020.
Counsel further submits that despite his efforts, he is not able to reach his client. Therefore, he submits that appropriate orders may be passed.
Perused the memo. The sole respondent died on 23.04.2019. The application to bring the legal representatives on record is not filed within time. Hence, appeal stands abated.
For statistical purpose, the appeal is disposed of .
Sd/JUDGE
VMB
2 issues framed by the court
Whether the appeal abates due to failure to implead legal representatives after the death of the sole respondent.
Whether appropriate appropriate orders should be passed when the sole respondent died and legal representatives were not filed within time.
1 provisions across 1 enactments
Sri. M. Nagaraj
Mr. A. Susainathan
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
