The High Court of Karnataka dismissed a Regular First Appeal by operation of law, holding the matter abated because the sole respondent died without bringing legal representatives on record.
The appeal is dismissed as the proceedings stand abated due to the death of the sole respondent without substitution of legal representatives.
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:20766 RFA No. 877 of 2016
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. 877 OF 2016 (SP)
BETWEEN:
SMT SHANTHAMMA AGED ABOUT 53 YEARS W/O KALYANARAM R/@ K.M.NO.07, NGR LAYOUT ROOPENA AGRAHARA BEGUR HOBLI,BOMMANAHALLI BENGALURU-560 068.
…APPELLANT
(BY SRI. V B SHIVA KUMAR.,ADVOCATE)
AND:
SRI ARASAPPA AGED ABOUT 69 YEARS S/O LATE NARASIMHAIAH Digitally signed R/@ NO.54, ROOPENA AGRAHARA by DHANALAKSHMI HOSUR MAIN ROAD, MADIWALA POST MURTHY BENGALURU-560 068. Location: High Court of Karnataka
(BY SRI.MUNISWAMY GOWDA ., ADVOCATE)
…RESPONDENT
THIS RFA IS FILED UNDER SECTION 96(1) OF CPC., FILED AGAINST THE ORDER DATED 16.04.16 PASSED IN O.S NO.9120/2006 ON THE FILE OF THE XVII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH 16), REJECTING THE PLAINT FILED UNDER ORDER 7 RULE 11(d) OF CPC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:20766 RFA No. 877 of 2016
JUDGMENT
The learned counsel for the respondent has filed a memo dated 12.8.2021 stating that sole respondent died on 30.5.2020.
The memo is placed on record.
Till today, no application is filed to bring the legal
representatives of deceased respondent on record.
Hence, the appeal is dismissed as abated.
Sd/JUDGE
DM
List No.: 1 Sl No.: 27
Smt. Shamthamma
Sri. Arasappa
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
