The court held that the regular second appeal stands abated on the death of the sole appellant, as the applications to bring legal representatives were not filed well within time.
The regular second Appeal stands 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:24515 RSA No. 1452 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1452 OF 2017 (DEC/INJ)
BETWEEN:
CHITTAPPA S/O HORAKERAPPA, AGED ABOUT 76 YEARS, R/AT UPPANAYAKANAHALLI VILLAGE, CHITRADURGA TALUK AND DISTRICT - 577 501.
…APPELLANT
(BY SRI.SHIVAKUMAR., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI. S.B.TOTAD., ADVOCATE FOR R1; SRI. KUMARA.K.G., ADVOCATE FOR R2)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS.
NC: 2023:KHC:24515 RSA No. 1452 of 2017
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Shivakumar., learned counsel for appellant has appeared in person.
Counsel submits that Sri.Chittappa - the sole appellant has died on 31.08.2019.
The oral submission made by learned counsel for appellant is placed on record.
The applications to bring the legal representatives of deceased sole appellant are not filed well within the time. Hence, the Regular Second Appeal stands abated .
Sd/JUDGE
TKN List No.: 1 Sl No.: 5
1 issue framed by the court
Whether a regular second appeal abates on the death of the sole appellant when applications to substitute legal representatives are not filed within time.
1 provisions across 1 enactments
Chittappa S/o Horakerappa
Sri. Chandrappa S/o Chikkappa
Sri. Parameswara S/o Chittappa
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
