Single judge of High Court at Bengaluru held that the current appeal under Section 96 of CPC stands abated as the sole appellant expired on 24.01.2016, following counsel's memo.
None; the appeal was held to stand abated due to the death of the sole appellant.
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 AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2022
BEFORE
THE HON’BLE MR.JUSTICE M.G.S.KAMAL
RFA NO.2532 OF 2006 (PAR)
BETWEEN:
P.S.AKKANAGOWDA S/O LATE SRI PATEL SHARANAPPA AGED ABOUT 63 YEARS RETIRED LECTURER R/O GIRIJA NIVASA NEAR BUS STAND RAMPURA AT AND POST MOLAKALMURU TALUK CHITRADURGA DISTRICT - 577501 KARNATAKA
… APPELLANT
(BY SRI.B.R.GURUPRASAD, ADVOCATE)
AND:
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LR NOS.(B) AND (C) ARE MINORS AND REPRESENTED BY THEIR NEXT FRIEND ELDER BROTHER LR.NO.(A) AND R/O RAMPURA VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT - 577501
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CHITRADURGA CHITRADURGA DISTRICT - 577501
… RESPONDENTS
(BY SRI.B.M.SIDDAPPA, ADVOCATE FOR R.1 TO R.3; SRI.LAKSHMINARAYAN, ADVOCATE FOR R.5; SRI.G.NATARAJ, ADVOCATE FOR R.8 AND R.9; R.4(A TO C), R.6 AND R.7 – SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.10.2006 PASSED IN O.S.NO.121/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) CHALLAKERE, DISMISSING THE SUIT FOR DECLARATION, PARTITION AND POSSESSION.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the appellant has filed
a memo dated 10.02.2022 stating that the sole appellant died on 24.01.2016 and as such, this appeal stands abated.
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stands abated.
Sd/JUDGE
NBM
1 issue framed by the court
Whether the appeal filed under Section 96 of CPC is maintainable in light of the appellant having passed away prior to the filing of the memo.
1 provisions across 1 enactments
P.S.Akkana Gowda
Sri P.S.Veerana Gowda
Sri P.S.Thippeswamy
Sri P.S.Basavaraj
P.V.Maridev LRS
Smt. P.V.Saroja
M.G.S.Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
