The High Court of Karnataka, at the final hearing stage, dismissed the regular second appeal abated because evidence showed the sole appellant had died in 2014.
The appeal is dismissed as having 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 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1571 OF 2007 (INJ)
BETWEEN:
SRI CHIKKANNA S/O NARASIMHAIAH AGED ABOUT 77 YEARS R/AT THIMMASANDRA KOLALA HOBLI KORATAGERE TALUK TUMKUR DISTRICT - 572 129
…APPELLANT
(BY SRI.SATYA, ADV. FOR SRI K.V.NARASIMHAN.,ADVOCATE)
AND:
SRI K V NARASAIAH SINCE DEAD BY LRS
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH
Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:29283 RSA No. 1571 of 2007
ALL ARE RESIDENTS AT NO.1678, 5TH CROSS 14TH MAIN ROAD 2ND BLOCK, BANASHANKARI IST STAGE BENGALURU - 560 070
… RESPONDENTS
(BY SRI. H N BASAVARAJU.,ADVOCATE (ABSENT))
THIS REGULAR SECOND APPEAL IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 27.01.2007 PASSED IN RA.NO.329/2004 (OLD NO.1/1999) ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-V, TUMKUR, DISMISSING THE APPEAL WHICH IS FILED AGAINST THE JUDGEMENT AND DECREE DATED 12.11.1998 PASSED IN OS.NO.584/1989 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) & JMFC, KORATAGERE ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant submits that the sole appellant died on 22nd January 2014 and that legal notice issued to the wife of the sole appellant viz., Smt. Venkatalakshmamma and that notice also returned on 11.02.2023 with an endorsement that the 'addressee deceased' . Learned counsel for the appellant files a memo dated 17.8.2023 to that effect.
NC: 2023:KHC:29283 RSA No. 1571 of 2007
In view of the above, the appeal stands dismissed as
abated.
Sd/JUDGE
GSS List No.: 1 Sl No.: 47
2 issues framed by the court
Whether the regular second appeal abates due to the death of the sole appellant.
What is the proper course when the appellant is found to be deceased during final hearing?
Chikkanna S/o Narasimhaiah
K V Narasaiah Smt. Jayamma S/o Late K.V. Narasaiah Sri Sudhakar @ Sudhanna S/o Late K.V. Narasaiah Sri. Suresh S/o Late K.V. Narasaiah Smt. Latha Rani S/o Late
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
