The Karnataka High Court held that the filed Regular Second Appeal abated because the sole appellant died and no application to bring legal representatives was filed within time.
The Regular Second Appeal was set aside.
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, DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100042 OF 2017 (INJ)
BETWEEN:
SHRI. IRAPPA S/O SANGAPPA KADKOL, AGE:48 YEARS, OCC:AGRICULUTRE, R/O GEJAPATI, TQ & DIST:BELAGAVI. (BY SRI.B.NITIN, ADVOCATE)
...APPELLANT
AND:
SHRI. CHANDRAPPA S/O RACHAPPA PATIL, AGE:42 YEARS, OCC:AGRICULTURE, R/O GEJAPATI, TQ & DIST:BELAGAVI. … RESPONDENT
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 20.09.2016 PASSED BY THE COURT OF IIIRD ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI IN R.A.NO.52/2015, WHEREIN THE JUDGMENT AND DECREE DATED 01.04.2015 PASSED BY THE V ADDITIONAL CIVIL JUDGE AND JMFC AT BELAGAVI IN O.S.NO.889/2012 .
THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
Sri.Nitin Bolabandi., learned counsel for appellant has
appeared through video conferencing.
Counsel submits that the sole appellant has died on 21.07.2021.
Submission is noted.
The application to bring the legal representatives of deceased sole appellant is not filed well within time. Hence, the Regular Second Appeal stands abated .
Sd/JUDGE
TKN
1 issue framed by the court
Whether the regular second appeal stands abated due to the death of the sole appellant without leave to pursue the appeal.
1 provisions across 1 enactments
Shri. Irappa S/O Sangappa Kadkol
Shri. Chandappa S/O Rachappa Patil
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
