Appeal dismissed as abated because legal representatives failed to file an application to come on record despite the appellant's death five years prior.
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NC: 2023:KHC:23755 RSA No. 1440 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR SECOND APPEAL NO. 1440 OF 2014 (INJ)
BETWEEN:
SRI. C. N. CHANDRAPPA, S/O NIRVANEGOWDA, AGED ABOUT 70 YEARS, AGRICULTURIST MAIN ROAD, AREHALLAI, BELUR TALUK, HASSAN DISTRICT-573 101.
…APPELLANT
(SRI. C.N. CHANDRAPPA-APPELLANT(DEAD))
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
MUDIGERE TALUK, CHIKKAMGALUR (D)-574 181.
…RESPONDENTS
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 15.7.2014 PASSED IN R.A.NO.99/2012 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, CHIKMAGALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DT 1.8.2012 IN O.S.84/2009 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, MUDIGERE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The Court notice issued to the appellant returned with a shara that appellant died five years ago. The appellant was plaintiff in O.S.No.84/2009. The said suit was filed for the relief of injunction and same came to be dismissed vide judgment and decree dated 01.08.2012. The appeal filed by the plaintiff in R.A.No.99/2012 has also been dismissed by judgment and decree dated 15.07.2014.
NC: 2023:KHC:23755 RSA No. 1440 of 2014
appellant have not come forward to make an application to come on record as legal representatives of the appellant.
Hence, the appeal is dismissed as abated.
Sd/JUDGE
DS List No.: 1 Sl No.: 13
C.N. Chandrappa
Gopalachary
Nagarppachary
Chandrashekhar
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
