The appellant filed a regular first appeal against a decree dismissing a suit. The appellant was subsequently dead, with legal representatives being uninterested. The court dismissed the appeal as abated.
Appeal 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:19284 RFA No. 637 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 637 OF 2008 (SP)
BETWEEN:
C B DIWAKAR S/O LATE C.K. BHANUMURTHY AGED ABOUT 82 YEARS R/AT NO.86/21 MOUNT JOY EXTENSION HANUMANTHANAGAR BANGALORE 560 019
…APPELLANT
(BY SRI.K. SURYANARAYANA RAO., ADVOCATE AND SRI. CHANDAN S RAO, ADVOCATE)
AND:
1. D R NAGABHUSAN
Digitally signed by
DHANALAKSHMI MURTHY
Location: High Court of Karnataka
S/O LATE D.M.RAMA CHANDRA RAO AGED ABOUT 55 YEARS NO.112, I 'C'CROSS,III PHASE V BLOCK,.BANASHANKARI III STAGE BANGALORE 85.
…RESPONDENTS
(BY SRI. SHIVARUDRAPPA SHETKAR., ADVOCATE FOR R1: SRI. H.S. SOMNATH, ADVOCATE FOR C/R2)
NC: 2023:KHC:19284 RFA No. 637 of 2008
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC 1908 AGAINST THE JUDGEMENT AND DECREE DATED: 4.3.08 PASSED IN OS NO. 5042/01 ON THE FILE OF THE XXV ADDL. CITY CIVIL JUDGE, BANGALORE, (CCH.NO.23), DISMISSING THE SUIT FOR MANDATORY INJUNCTION AND DELIVERY OF POSSESSION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant has filed a memo dated 7.6.2023 stating that the sole appellant died on 29.11.2015 and his legal representatives are not interested in prosecuting the appeal and hence the appeal
may be dismissed as abated.
The memo is placed on record.
Accordingly, the appeal is dismissed as abated.
Sd/JUDGE
DM
List No.: 1 Sl No.: 47
1 issue framed by the court
Whether the regular first appeal can proceed after the sole appellant is dead and legal representatives are not interested.
1 provisions across 1 enactments
C B Diwakar
D R Nagabhushan
T N Diwakar
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
