The High Court of Karnataka, on a Regular Second Appeal, noted that the sole appellant had been dead for two years. Since legal heirs did not prosecute, the appeal was dismissed as abated.
The appeal was 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.1324 OF 2016 (DEC/INJ)
BETWEEN:
SRI M.SANNEGOWDA S/O LATE MARIGOWDA AGED ABOUT 86 YEARS R/O MEKANAGADDE VILLAGE MUDIGERE MUDIGERE TALUK - 577 132 CHIKKAMAGALURU DISTRICT
…APPELLANT
(BY SRI.RENUKARADHYA R D, ADVOCATE)
AND:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:42981 RSA No. 1324 of 2016
…RESPONDENTS
(BY SRI.B.MAHESH, ADVOCATE FOR R.1; SMT.ANUKANKSHA KALKERI, AGA FOR R.2 AND R.3)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.03.2016 PASSED IN R.A.NO.40/2015 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL JUDGE, CHIKKAMAGALURU TO ITINERATE AT MUDIGERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.04.2015 PASSED IN O.S.NO.94/2011 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC., MUDIGERE AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned AGA accepts notice for respondent Nos.2 and 3.
the legal heirs of sole appellant have not come forward to
take steps in the matter.
Therefore, the appeal is dismissed as abated.
Sd/JUDGE
NBM
List No.: 1 Sl No.: 10
1 issue framed by the court
Whether the regular second appeal filed by the deceased appellant abated due to his death without legal heirs prosecuting the matter?
1 provisions across 1 enactments
SRI M.SANNEGOWDA S/O LATE MARIGOWDA
SRI.M.D.SUBBEGOWDA W/O LATE DEVE GOWDA
THE TAHSILDAR MUDIGERE
THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
