Dismissed

Smt Narasamma v. Mr Muthaiah @ Muthappa

Karnataka HC31 Oct 2023RFA/983/2009

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed the Regular First Appeal because the sole appellant died after the appeal was filed. The court held the appeal abated by law. Applications for condonation of delay and for bringing legal representatives on record were disposed of accordingly.

What did the court decide?

The Regular First Appeal is dismissed as abated by death. Interim applications are disposed of accordingly.

Smt Narasamma Vs Mr Muthaiah @ Muthappa — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:38668 RFA No. 983 of 2009

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 31^ST DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 983 OF 2009 (PAR/INJ)

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BETWEEN:

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SMT.NARASAMMA, W/O LATE GURAPPA, AGED ABOUT 59 YEARS, R/AT NO.385/A & 386/B, PRESENT MUNICPAL NO.26/1, 8TH MAIN ROAD, HANUMANTHNAGAR, BANGALURU - 560 019.

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…APPELLANT

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(BY SRI.RAJAGOPALA NAIDU & SRI.SURESH, ADVOCATES)

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AND:

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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MR.MUTHAIAH @ MUTHAPPA, S/O LATE NIJAYALAKAPPA, SINCE DECEASED BY LR's.

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1(A). SMT.HONNAMMA, W/O LATE MUTHAPPA, MAJOR,

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1(B). MR.BABU, S/O LATE MUTHAPPA, MAJOR.

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1(C). MR.VIJAYA, S/O LATE MUTHAPPA, MAJOR,

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NC: 2023:KHC:38668 RFA No. 983 of 2009

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1(D). MR.MAHADEVA, S/O LATE MUTHAPPA, MAJOR,

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1(E). MR.SURESHA, S/O LATE MUTHAPPA, MAJOR,

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1(F). MR.NAGESHA, S/O LATE MUTHAPPA, MAJOR,

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1(G). SMT.GOWRAMMA, D/O LATE MUTHAPPA, MAJOR,

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1(H). SMT.LAKSHMI, D/O LATE MUTHAPPA,

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MAJOR,

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ALL ARE R/AT NO.5, 7TH MAIN,

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PAPAIAH GARDEN, BSK III STAGE, BENGALURU - 560 085.

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THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUMARAPARK WEST, BANGALORE - 560 020.

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…RESPONDENTS

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(BY SMT.POORNIMA M. FOR R2, ADVOCATE; V/O/D 23.11.2016 APPEAL AGAINST R1(A - H) IS DISMISSED FOR NOT TAKING STEPS)

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3 - NC: 2023:KHC:38668 RFA No. 983 of 2009

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THIS RFA IS FILED U/O XLI R-1 R/W S-96 OF CPC. AGAINST THE JUDGMENT AND DECREE DATED:30.10.2008 PASSED IN O.S.NO.1622/1998 ON THE FILE OF THE XXVII ADDL CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR PERMANENT INJUNCTION.

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

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JUDGMENT

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Sole appellant said to have died on 01.09.2018.

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I.A.No.1/2023 is filed for condonation of delay

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in filing the LR application and 2/2023 is filed to bring the

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legal representatives of deceased sole appellant on record.

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No application is filed seeking setting aside

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abatement. By operation of law, appeal stands dismissed as abated. Accordingly, I.A.Nos.1/2023 and 2/2023 are also disposed of.

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List No.: 1 Sl No.: 25

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Sd/JUDGE

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KAV

Smt Narasamma v. Mr Muthaiah @ Muthappa

Case brief

What is this about?

What did the court decide?

Smt Narasamma v. Mr Muthaiah @ Muthappa

Case brief

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