This regular second appeal was dismissed as the appellant was found to have passed away two years prior to the hearing, leading to the abatement of the appeal under Section 100 of CPC.
The appeal was dismissed due to abatement caused by the death of the 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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR.JUSTICE M.G.S. KAMAL
RSA No.520 OF 2013
BETWEEN:
SRI. SINGAIAH S/O SRI. SINGAIAH AGED ABOUT 58 YEARS R/O CHOWDAHALLY VILLAGE KASABA HOBLI H.D. KOTE TALUK MYSORE DISTRICT - 571 114.
... APPELLANT
(BY SRI. V.R. BALARAJ, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. D.C. SRINIVASA, ADVOCATE FOR R1; R-2 SERVED, R3 SERVED)
2
THE REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 19.07.2012 PASSED IN R.A. NO. 17/2007 ON THE FILE OF SENIOR CIVIL JUDGE, HUNSUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 20.12.2006 PASSED IN OS NO.109/2004 ON THE FILE OF CIVIL JUDGE (JR.DN.), H.D.KOTE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant submits that
appellant is stated to have passed away two years ago.
His submission is taken on record.
Accordingly, appeal stands abated.
Sd/JUDGE
RU
1 issue framed by the court
Whether the regular second appeal appeals against a judgment and decree passed in a civil suit stands dismissed due to the death of the appellant.
Sri. Singaiah S/o Sri. Singaiah
Smt. Javaramma W/o Sri. Kalasiah
Sri. Narasimhaiyah S/o Sri. Giriyaiah
Smt. Nanjamma S/o Sri. Narasimhaiyah
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
