Regular Second Appeal dismissed as abated because the sole respondent died and necessary applications were not filed within the stipulated period. No substantive relief was granted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 1444 OF 2018 (PAR)
BETWEEN:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
ALL ARE CHILDREN OF LATE KUMARAYYA HEGDE, ARE R/AT NADVAVE HOUSE, POST IDU VILLAGE-574109 HOSAMAR, KARKALA TALUK, UDUPI DISTRICT.
…APPELLANTS
(BY SRI. CHANDRANATH ARIGA K, ADVOCATE)
AND:
SRI. NAMIRAJA JAIN AGED ABOUT 70 YEARS, S/O LATE KUMARAYYA HEGDE, R/AT AMARA NIVAS, HOSAMABETTU HOUSE, POST IDU VILLAGE-574109. VIA HOSAMAR, KARKALA TALUK-574107, UDUPI DISTRICT.
…RESPONDENT
(BY SRI.VIJAYA KRISHNA BHAT.M, ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD 03.04.2018 PASSED IN RA.NO.21/2011, ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, UDUPI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED: 01.03.2011 PASSED IN OS.NO.274/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM., KARKALA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
A memo is filed reporting death of sole respondent on 1.2.2023. Memo is taken on record.
NC: 2023:KHC:41268 RSA No. 1444 of 2018
stipulated period.
Sd/JUDGE
ALB List No.: 1 Sl No.: 48
Smt. Shantha Kumari
Sri Krishnaraja Hegde
Sri Padmaraja Hegde
Sri Rohit Kumar Hegde
Sri Parshwanatha
Sri Prasad
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
