In RSA No. 1504 of 2009, the High Court of Karnataka dismissed a regular second appeal filed under Section 100 of CPC. The court held that the sole appellant died after service of process, no legal representatives were brought on record, and the appeal abated due to efflux of time.
The appeal stands 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 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1504 OF 2009 (PAR)
BETWEEN:
B. M. VENKATESH, S/O MYLARAPPA, AGED ABOUT 45 YEARS, RESIDING AT BANAVATI VILLAGE, SASALU HOBLI, DODDABALLAPUR TALUK, BANGALORE DISTRICT - 561 203.
…APPELLANT
(BY SMT. S. K. NAGARATHNA ADVOCATE AND, SMT. VIJAYA N. A., ADVOCATE (ABSENT))
AND:
Digitally signed by CHAITHRA P Location: HIGH COURT OF KARNATAKA
RESPONDENTS RESIDING AT
BANAVATI VILLAGE, SASALU HOBLI, DODDABALLAPUR TALUK, BANGALORE DISTRICT - 561 203.
…RESPONDENTS
(R1 TO R4 ARE SERVED AND UNREPRESENTED)
THIS RSA IS FILED U/S 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.06.2009, PASSED IN R.A.NO.144/2007, ON THE FILE OF THE PRL. DISTRICT & SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:13.07.2007, PASSED IN O.S.25/2004, ON THE FILE OF THE CIVIL JUDGE, (SR.DN), DODDABALLAPUR AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation on behalf of the appellant as
well as respondents.
NC: 2023:KHC:29369 RSA No. 1504 of 2009
Accordingly, the appeal stands dismissed as abated.
Sd/JUDGE
CPN List No.: 1 Sl No.: 4 CT: AVB
1 issue framed by the court
Whether the regular second appeal should be dismissed as it has abated due to the death of the sole appellant and efflux of time.
1 provisions across 1 enactments
B. M. Venkatesh
Mylarappa
Sanjeevamma
B. N. Ashwathnarayana
B. M. Siddagangappa
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
