2023:KHC:20768 RFA No. 1231 of 2008 IN THE…
Appeal dismissed as abated due to death of appellant without bringing legal representatives.
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NC: 2023:KHC:20768 RFA No. 1231 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1231 OF 2008 (INJ)
BETWEEN:
SRI RUDRACHAR S/O VEERABHADRACHAR AGED ABOUT 80 YEARS R/AT NO.46,OLD NO.574 KODIHALLI,MUNESHWARA TEMPLE ROAD HAL II STAGE POST, BANGALORE-560 008.
…APPELLANT
(BY SRI. RAMESH KUMAR R.V., ADVOCATE)
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
AND:
BOTH ARE R/AT NO.178 KODIHALLI,
NC: 2023:KHC:20768 RFA No. 1231 of 2008
MUNESHWARA TEMPLE ROAD HAL II STAGE POST, BANGALORE-560 008
…RESPONDENTS
(BY SRI.M.N.RAGHU., ADVOCATE FOR R1: APPEAL IS DISMISSED AGAINST R2 V/O DATED: 09.04.2012)
THIS RFA IS FILED UNDER SECTION 96 CPC AGAINST THE JUDGMENT AND DECREE DATED 12.8.2008 PASSED IN OS.NO. 10167/1998 ON THE FILE OF THE XIII ADLL.CITY CIVIL JUDGE, MAYO HALL UNIT, BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Mr.Ramesh Kumar.R.V., learned counsel for the appellant submitted that the appellant died long back and his legal representatives have not contacted him and they have not come forward to prosecute the appeal and he has no instructions in the matter.
The submission of the learned counsel for the appellant is placed on record.
NC: 2023:KHC:20768 RFA No. 1231 of 2008
Till today, no application is filed to bring the legal
representatives of deceased appellant on record.
Hence, the appeal is dismissed as abated.
In view of dismissal of appeal, pending I.As., if
any, do not survive for consideration and accordingly, they are dismissed.
Sd/JUDGE
DM List No.: 1 Sl No.: 47
Rudrachar
Surappa
Munivenkatamma
H.T. Narendraprasad
As recorded by the court registry
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