Dismissed

Mrs M K Kovilamma v. Sri Kumaran Children'S Home Education Council

Karnataka HC21 Nov 2023RFA/1144/2008

Case brief

AI extract

What is this about?

The High Court of Karnataka held that the regular first appeal filed by the appellant must be dismissed as abated because her legal representatives were not brought on record. The court also dismissed the application seeking to implead the legal representative of the deceased respondent No.2.

What did the court decide?

Appeal dismissed as abated; Application to implead legal representative of deceased respondent No.2 dismissed.

Mrs M K Kovilamma Vs Sri Kumaran Children'S… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:41878 RFA No. 1144 of 2008

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1144 OF 2008 (MON)

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BETWEEN:

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MRS. M. K. KOVILAMMA AGED ABOUT 91 YEARS W/O LATE RAMA VARMA RESIDING AT H.GOLAHALLI P.O. CHUNANDANAPURA, KENGARI, BANGALORE – 560 060.

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(REPRESENTED BY HER G.P.A. HOLDER R.MOHANDAS)

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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…APPELLANT

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(BY SRI. V VINOD REDDY K.J.JAGADESH AND PRAVEEN R.J., ADVOCATES)

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AND:

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SRI. KUMARAN CHILDREN'S HOME EDUCATION COUNCIL TATA SILK FARM, BANGALORE – 560 004. A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960. REPRESNETED BY ITS SECRETARY MRS. MEENAKSHI BALAKRISHNAN.

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MR. N. SUBRAMANIAM AGED ABOUT 82 YEARS RESIDING AT NO.4/1A, DIWAN MADHAVA RAO RAOD, BASAVANAGUDI BANGALORE 560 004

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…RESPONDENTS

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(BY SRI. M D RAGHUNATH AND SRI. HITESHKUMAR JAIN, ADVOCATE FOR R1;

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NC: 2023:KHC:41878 RFA No. 1144 of 2008

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SRI. G.R.ANANTHARAM, ADVOCATE FOR PROPOSED LRS OF R2)

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THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 04.08.2008 PASSED BY THE COURT O THE XIII ADDITIONAL CITY CIVIL JUDGE MAYOHALL UNIT, BANAGALORE IN O.S.NO.10386/1989 IN SETTING ASIDE THE JUDGMENT DECREE DATED 13-09-2005 PASSED BY ALLOWING THE ABOVE APPEAL WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Counsel for the appellant submits that appellant died on 04.05.2015. Till today no application is filed to bring the legal representative of the deceased appellant on record. Further, I.A No.1/2013 is filed to bring the legal representative of deceased respondent No.2 on record.

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Sri.G.R.Anantharam, counsel for the proposed legal representative of deceased respondent No.2 submits that respondent No.2 died during the pendency of the suit on 26.12.2005 and for not taking appropriate steps, the suit came to be dismissed as abated as against respondent No.2 and therefore, the present application filed vide I.A No.1/2013 is to be dismissed.

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NC: 2023:KHC:41878 RFA No. 1144 of 2008

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Taking note of the fact that the legal representatives of the deceased appellant has not been brought on record, appeal needs to be dismissed as abated by operation of law. Further, if the respondent No.2 is a co-defendant, suit against the co-defendant came to be dismissed as abated in the Trial Court. I.A No.1/2013 is also dismissed.

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Sd/JUDGE

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UN,

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List No.: 1 Sl No.: 18

Mrs M K Kovilamma v. Sri Kumaran Children'S Home Education Council

Case brief

What is this about?

What did the court decide?

Mrs M K Kovilamma v. Sri Kumaran Children'S Home Education Council

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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