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Muninarasaiah Vs Puttabuddi — Civil Procedure and Limitation | Karnataka HC (2023)

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Karnataka HC
2023
Muninarasaiah Vs PuttabuddiMuninarasaiah v. Puttabuddi

Dismissed

Muninarasaiah v. Puttabuddi

Karnataka HC13 Jun 2023RFA/182/2016

Case brief

AI extract

What is this about?

Appeal against dismissal of suit held abated due to statutory limitation and non-substitution of deceased appellant's legal representatives.

What the court decided

AI extract

A

1 - NC: 2023:KHC:20190 RFA No. 182 of 2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JUNE, 2023

BEFORE

THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 182 OF 2016 (DEC/INJ)

BETWEEN:

MUNINARASAIAH S/O. LATE MARI MUNIYAPPA AGED ABOUT 67 YEARS R/AT GIDADAKONENAHALLI VILLAGE YESHWANTHAPURA HOBLI BANGALORE NORTH TALUK BANGALORE DISTRICT BANGALORE-560 091.

…APPELLANT

(BY SRI. JAYASIMHA K P., ADVOCATE)

AND:

PUTTABUDDI S/O. VEERAPPA Digitally signed SINCE DECEASED BY HIS LR, by MAHADEV KUMAR DHANALAKSHMI MURTHY S/O. LATE PUTTABUDDI Location: High AGED ABOUT 35 YEARS Court of RESIDING AT NO.1133/A Karnataka SERVICE ROAD, RPC LAYOUT VIJAYANAGARA, BANGALORE-560 040.

Parties & counsel

AI extract

appellant
Muninarasaiah S/o. Late Mari Muniyappa
respondent
Mahadev Kumar Dhanalakshmi Murthy S/o. Late Puttabuddi

Coram

AI extract

H.T. Narendra Prasad

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 13 Jun 2023 · June
Registered: 2 Feb 2016
Case no.: RFA/182/2016

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Cite this judgement

Muninarasaiah v. Puttabuddi, RFA/182/2016 (KA), decided on 13 June 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

H.T. Narendra Prasad

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Appeal dismissed as abated. Absence of application to substitute the legal representatives of the deceased appellant rendered the appeal incompetent.

A compact analysis

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.

…RESPONDENT

(BY SRI.RAMESH CHANDRA., ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 OF THE CPC.,1908 AGAINST THE JUDGMENT AND DECREE DATED 02.11.2015 PASSED IN OS.NO.5579/2009 ON THE FILE OF THE XXXVII ADDL. CITY CIVIL JUDGE, (CCH-38), BENGALURU,

2 - NC: 2023:KHC:20190 RFA No. 182 of 2016

DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

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

JUDGMENT

The learned counsel for the respondent has filed a memo dated 12.6.2023 stating that sole appellant died on

5.6.2021.

The memo is placed on record.

Till today, no application is filed to bring the legal

representatives of deceased appellant on record.

Hence, the appeal is dismissed as abated.

Sd/JUDGE

DM

List No.: 1 Sl No.: 25

CNR

KAHC010213302016

Topic

Civil Procedure and Limitation

Bench

H.t. Narendra Prasad

Disposal

Abated

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