The Court held that the regular second appeal abated because the appellant died and his legal representatives were not brought on record in this appeal, despite being so done in a connected writ petition.
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.
NC: 2023:KHC:26917 RSA No. 1429 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1429 OF 2019 (INJ)
BETWEEN:
…APPELLANT
(BY SRI NARAYANA V.S., ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI GANAPATHI SUBRAMANYA BHAT, ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.02.2019 PASSED IN R.A.NO.23/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, AT MALAVALLI DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.04.2013 PASSED IN O.S.NO.234/2011 ON THE FILE OF THE 1ST ADDL. CIVIL JUDGE, MALAVALLI.
NC: 2023:KHC:26917 RSA No. 1429 of 2019
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the respondent submits that he has filed the memo on 08.07.2022 reporting the death of the sole appellant, who died on 22.05.2022. The counsel also submits that in the other connected petition in W.P.No.21862/2013, the very counsel brought the legal representatives of the deceased appellant on record and in this appeal, the legal representatives are not brought on record. Hence, the appeal has abated.
Accordingly, the appeal is dismissed as abated.
List No.: 1 Sl No.: 14
Sd/JUDGE
ST
1 issue framed by the court
Whether the regular second appeal abated due to the death of the appellant without bringing legal representatives on record.
1 provisions across 1 enactments
SRI D. SHIVALINGASWAMY
SMT. N. PADMA
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
