The second appeal was finally heard. The court held that since the appellants died and no application to substitute their legal representatives was filed within the prescribed time, the appeal stands abated.
Second appeal dismissed by holding that it is abated due to death of appellants without substitution.
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1
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 02ND DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.5294 OF 2008 (DEC/INJ)
BETWEEN:
...APPELLANTS
(BY MS.ARADHANA MANVI, ADVOCATE FOR SRI JAGADISH PATIL, ADVOCATE)
AND:
SIR SHIVANAGOUDA S/O SIDRAMAGOUDA PATIL, AGE:60 YEARS, OCC:AGRICULTURIST, R/O BILAGI, TQ:BILAGI.
… RESPONDENT
(BY SRI A.T.SAVANUR, ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.10.2008, PASSED BY THE FAST TRACK COURT NO.II, BAGALKOTE, IN R.A.NO.23/2007, AND THE JUDGMENT AND DECREE DATED 17.07.2007, PASSED BY THE CIVIL JUDGE SENIOR DIVISION, BILAGI, IN O.S.NO.209/2005, ETC., .
2
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Ms.Aradhana Manvi, learned counsel on behalf of
Shri Jagadish Patil, for appellant has appeared in person.
Learned counsel for appellant submits that appellant No.1 has died on 13.09.2012 and appellant No.2 has died on 24.05.2009. Application to bring the legal representatives of deceased appellants are not filed within time. Hence appeal stands abated.
Sd/JUDGE
MRK
1 issue framed by the court
Whether the appeal abates due to the deaths of appellant No.1 on 13.09.2012 and appellant No.2 on 24.05.2009 without filing an application to substitute legal representatives within time.
1 provisions across 1 enactments
Sri Lenkappa S/o Bhimappa Dalawai
Sri Yallappa S/o Lenkappa Dalawai
Sir Shivanagouda S/o Sidramagouda Patil
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
