The High Court of Karnataka held that a regular first appeal stands abated due to delay in filing necessary applications by the legal representatives of the deceased respondent, and thus disposed of the appeal.
None granted; appeal disposed of as 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.
1
IN THE HIGH COURT OF KARNATAKA BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR FIRST APPEAL NO.891 OF 2015 (MON)
BETWEEN:
MR. K NARASIMHA SWAMY (WRONGLY MENTIONED AS K. NARAYANASWAMY IN THE CAUSE TITLE OF THE JUDGMENT & DECREE) S/O K.A. KRISHNAMURTHY AGED ABOUT 67 YEARS RESIDING AT NO.612 C BLOCK, GOWRI APARTMENTS NEW BEL ROAD, BANGALORE - 560 055.
...APPELLANT
(BY SMT. PARINA LALLA, FOR SRI NARENDRA H N, ADVOCATE)
AND:
MR. K S K PRABHATH S/O KUSUMA SUBBARAYA CHETTY AGED ABOUT 82 YEARS, OCCUPATION ARCHITECT, RESIDING AT NO.106/5, 2ND CROSS TATA SILK FARM, BASAVANAGUDI BANGALORE - 560 004.
…RESPONDENT
(BY SRI RAJESHWARA P N, ADVOCATE)
2
THIS RFA IS FILED UNDER SECTION 96 OF CIVIL PROCEDURE CODE.
THIS RFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING :
JUDGMENT
Smt.Parina Lalla., learned counsel on behalf of Sri.Narendra.H.N., for appellant has appeared in person.
As could be seen from the daily order sheet, the matter was listed on 29.01.2020. On that day, counsel for respondent filed a memo stating that the sole respondent has died on 07.05.2017. Hence, four weeks time was granted to make necessary applications.
The matter is listed today for orders regarding nontaking of steps in respect of deceased respondent vide order dated:29.01.2020.
Now we are in the month of July 2022. So far, the applications to bring the legal representatives of deceased
3
respondent are not filed well within time. Hence, the appeal stands abated.
For statistical purpose, appeal is disposed off .
Sd/JUDGE
TKN
Mr. K Narasimha Swamy
Mr. K S K Prabath
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
