The High Court of Karnataka held that the regular second appeal abated because the applications to bring the legal representatives of the deceased sole appellant were not filed within the prescribed time.
The appeal stands abated and is dismissed.
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:27474 RSA No. 1278 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1278 OF 2008 (DEC)
BETWEEN:
SMT.SAVITHRAMMA W/O LATE SATHYANARAYANACHARI, AGED 47 YEARS, R/O HOSALINE ROAD, HASSAN - 573 201.
…APPELLANT
(BY SRI.NITISH, ADVOCATE FOR SRI K.V.NARASIMHAN., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:27474 RSA No. 1278 of 2008
RESPONDENT NO.3, 4 AND 5 ARE MINOR REP.BY HER MOTHER GUARDIAN RESPONDENT NO.2 SMT.LAKSHMAMMA W/O.H.D.KRISHNAIAH, ALL ARE R/O VALLABHAI ROAD, 3RD CROSS, HASSAN - 573 201.
…RESPONDENTS
(BY SRI. H.S.SHESHADRI, ADVOCATE FOR R2 TO R5)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS.
THIS APPEAL IS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Nitish., learned counsel on behalf of Sri.K.V.Narasimhan., for appellant and Sri.H.S.Sheshadri., learned counsel for respondents 2 to 5 have appeared in person.
Counsel jointly submits that Smt.Savithramma - the sole appellant has died two years back.
Submission is noted.
NC: 2023:KHC:27474 RSA No. 1278 of 2008
The applications to bring the legal representatives of the deceased sole appellant are not filed well within time. Hence, the Regular Second Appeal stands abated .
Sd/JUDGE
TKN List No.: 2 Sl No.: 7.1
1 issue framed by the court
Whether the regular second appeal can be heard after the death of the sole appellant without a timely application by the legal representatives.
1 provisions across 1 enactments
Savitramma W/o Late Sathyanarayana
Parvathamma W/o Late H.T. Doddaiah
Lakshmamma W/o H.D. Krishnaiah
Savitha D/o H.D. Krishnaiah
Krishnakumar S/o H.D. Krishnaiah
Latha D/o H.D. Krishnaiah
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
