Dismissed
Smt. H S Jaya @ Jayamma v. Smt. Pushpa
Karnataka HCRSA/2284/2012
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from the order text
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THE HIGH COURT OF KARNATAKA AT BENGALURU…
What the court decided
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THE HIGH COURT OF KARNATAKA AT BENGALURU…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2021 BEFORE
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR
REGULAR SECOND APPEAL No.2284 OF 2012(INJ)
BETWEEN:
SMT.H.S.JAYA @ JAYAMMA W/O.LATE K.VENKATEGOWDA AGED ABOUT 45 YEARS R/AT D.NO.54/A KARIBEERESHWARA NILAYA 1ST CROSS, WARD NO.9 RAVINDRA NAGAR BEHIND BASATTIKOPPALU HASSAN – 573 201 ... APPELLANT
(BY SRI SUNEEL S.NARAYAN, ADVOCATE)
AND:
BOTH ARE R/AT NO.1794/A INFRONT OF RAMANAKATTE RAVINDRA NAGAR HASSAN – 573 201 … RESPONDENTS
(BY SRI B.M.KRISHNA BHAT, ADVOCATE FOR R-1; SRI V.N.SHANKARE GOWDA, ADVOCATE FOR R-2)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT,
HASSAN IN RA.NO.96/2012, DATED 20.09.2012 (ANNEXURES-A & B) AND THE JUDGMENT AND DECREE PASSED BY I ADDITIONAL CIVIL JUDGE (JR.DVN) AND JMFC, HASSAN IN O.S.NO.4/2006, DATED 11/05/2009 (ANNEXURES-C & D) AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel appearing for respondent No.2 has filed a memo on 27.11.2019 reporting the death of respondent No.1 namely, Smt.Pushpa, who is the mother of respondent No.2 who died on 21.07.2015 and he has also stated that legal heirs of respondent No.1 are respondent No.2 and two other persons namely, Jagadeesh and Rajesh.
Learned counsel has filed another memo on 01.10.2021 reporting the death of sole appellant on 04.01.2016 along with death certificate.
Despite filing of these two memos reporting the death of respondent No.1 as well as the appellant by learned counsel appearing for respondent No.2, no steps have been taken to bring the legal representatives of either of the deceased sole appellant or the deceased respondent No.1.
In view of the same, the appeal abates as against sole appellant and respondent No.1. Hence, the appeal
is dismissed as having abated.
Sd/JUDGE
LB
Smt.H.S.Jaya @ Jayamma
Smt.Pushpa
K.V.Bhanuprakash
Pradeep Singh Yerur
As recorded by the court registry
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