The High Court of Karnataka held that the second appeal abated due to the death of the sole appellant without legal representatives coming on record. Consequently, all pending interim applications were disposed of.
The regular second appeal was abated and dismissed; all pending interim applications were disposed of.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1113 OF 2015 (INJ)
BETWEEN:
Digitally signed by SUNITHA GANGARAJU
Location: High Court of Karnataka
RANGAPPA @ ATTIGUNDA RANGAPPA S/O KARIYAPPAMALALI, AGED ABOUT 76 YERS, OCCUPATION: AGRICULTURSIT, R/O HOSAMALALI VILALGE, HONNALITALUK, REPRESENTED BY HIS GPA HOLDER A R LINGAMURTHY S/O RANGAPPA @ ATTIGUNDA RANGAPPA AGED ABOUT 42 YEARS, OCCUPATION: AGRICULTURIST, R/O HOSAMALALI VILLAGE, HONNALITALUK-577216 DAVANAGERE DISTRICT. …APPELLANT
(BY SRI. S V PRAKASH., ADVOCATE)
AND:
D/O LATE CHENNAPPA, W/O MAHENDRANATH, AGED 55 YEARS, HOUSE MAKER, R/O HOLALUR VILLAGE, SHIVAMOGGA TALUK AND DISTRICT-577201.
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC.., AGAINST THE JUDGMENT AND DECREE DATED 24.04.2015 PASSED IN R.A.NO.56/2014 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, SHIVAMOGGA, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 01.02.2014 PASSED IN O.S.NO.837/2010 ON THE FILE OF THE PRL. CIVIL JUDGE & J.M.F.C., SHIVAMOGGA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 13.03.2020, it was reported that the sole
appellant is no more and steps will be taken to bring the legal representatives of the sole appellant on record. Inspite of granting sufficient opportunity, legal representatives of the appellant did not file any application to come on record. Hence, by operation of law, the appeal
stands abated.
In view of disposal of the appeal, pending IAs, if any, do not survive for consideration and are accordingly disposed of.
Sd/JUDGE
SKS
Rangappa @ Attigunda Rangappa
H Prameshwarappa
Smt. Rudramma
Smt. Hemavathamma
H C Mallikarunappa
H C Rajappa
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
