The High Court of Karnataka dismissed a regular first appeal for probate without hearing, as the sole appellant was deceased and no application to bring legal representatives on record was filed.
The appeal is dismissed 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.
NC: 2023:KHC:21031 RFA No. 1087 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1087 OF 2008 (RES)
BETWEEN:
N S TULASI AGED ABOUT 56 YEARS D/O N SHAM SINGH NO.365 JETTY STREETNAZARBAD MOHALLA MYSORE-560010.
…APPELLANT
(BY SRI. B V RAMAN., ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
V/O DATED: 01.07.2012.
NC: 2023:KHC:21031 RFA No. 1087 of 2008
ALL ARE S/O LATE NARASINGH BHAN R/O I CROSS, JAYANAGAR EXTN SHIMOGA.
W/O GAJARAJ SINGHA
DELETED V/O DATED:27.07.2012.
MAJOR S/O LATE NAGARAJA SINGH C/O B.N.SAVITHRI BAI NO.56/2, I MAIN ROAD TATA SILK FARM, BASAVANAGUDI BANGALORE-4.
…RESPONDENTS
(BY SMT. RASHMI R., ADVOCATE FOR SRI.SRI. B S RAGHUPRASAD.,ADVOCATE FOR C/R1,3-6: SRI. B.M. LOKESH, ADVOCATE FOR R9: R2 & R7 ARE DELETED : NOTICE TO R8 SERVED AND UNREPREENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED:20.07.2007 PASSED IN OS.NO.5/1989 ON THE FILE OF THE ADDL.DISTRICT JUDGE, SHIMOGA, DISMISSING THE SUIT FOR PROBATE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant.
Learned counsel for the respondents has filed a
memo dated 28.09.2020 stating that the sole appellant is
dead on 15.07.2019. So far no application is filed to bring
NC: 2023:KHC:21031 RFA No. 1087 of 2008
the legal representatives of deceased sole appellant on
record.
Hence, the appeal is dismissed as abated.
Sd/JUDGE
HA
List No.: 1 Sl No.: 7
N S TULASI
1. SMT SAROJA BAI
2. RATHNA BAI
3. HARINATH SINGH
4. VASUKI SINGH
5. SREENATH SINGH
H. T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
