The High Court at Bengaluru dismissed First Appeals No. 406 of 2009 as abated after the memo revealed that the sole appellant was deceased more than two years prior without filing necessary applications to bring legal representatives on record.
The appeal was 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:20561 RFA No. 406 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 406 OF 2009 (DEC/INJ)
BETWEEN:
SRI P SHAMANNA @ SHAMANNA REDDY S/O. SRI PAPAIAH REDDY R/O. KACHARAKANAHALLI ST THOMAS TOWN POST BANGALORE 560084
…APPELLANT
(BY SRI.V VINOD REDDY ., ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
1 a. P. THIMALAMMA
D/O LAT EPAPANNA @ PAPAIAH AGED ABOUT 43 YEARS
RESIDING AT NO.41, TEACHER’S COLONY KALYAN NAGAR POST BENGALURU-560 043.
S/O. LATE SRI CHINNATHAYAPPA
MAJOR.
NC: 2023:KHC:20561 RFA No. 406 of 2009
…RESPONDENTS
(BY SRI. M PRAKASH, ADVOCATE FOR R1(a), R3 & R4: R2 DEAD)
THIS RFA IS FILED UNDER SECTION 96 CPC AGAINST THE JUDGMENT AND DECREE DATED 7.11.2008 PASSED IN OS.NO.4486/2000 ON THE FILE OF THE VIII ADDL.CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for caveators / respondent Nos.1 (a) and 3 and 4 has filed a memo dated 15.06.2023 stating that the sole appellant is dead more than two years long back. Till today, no application has been filed to bring the legal representatives of the deceased sole appellant on record.
Memo is taken on record.
NC: 2023:KHC:20561 RFA No. 406 of 2009
Since the sole appellant is dead, the appeal has become abated. Hence, the above appeal is dismissed as
abated.
Sd/JUDGE
HA
List No.: 1 Sl No.: 56
P SHAMANNA @ SHAMANNA REDDY
PAPANNA @ PAPAIAH SINCE DECEASED REPRESENTED BY P. THIMALAMMA
RAMAIAH SINCE DECEASED
NAGA @ NAGARAJU SINCE DECEASED
VENKATASWAMY
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
