The High Court of Karnataka dismissed a regular second appeal filed by a deceased appellant. The court noted the appellant died in 2021 but his legal representatives never came on record to prosecute the matter, leading to abatement.
The appeal is dismissed abating. All pending miscellaneous applications are declared redundant.
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 23RD DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1743 OF 2014 (PAR)
BETWEEN:
G. S. SHIVANANDAPPA, S/O G. SIDDARAMAPPA, MAJOR, RETIRED KEB EMPLOYEE, N.E.S. EXTENSION, HOSADURGA TOWN, CHITRADURGA DISTRICT - 577 527. (BY SRI. MANJUNATH N. D., ADVOCATE (ABESNT) )
…APPELLANT
AND:
Digitally signed by CHAITHRA P Location: HIGH COURT OF KARNATAKA
CHITRADURGA DISTRICT.
ALL ARE R/A SRINIVASA COMPLEX, KOTE, BELUR ROAD, 577 101 CHIKKAMANGALURE TOWN.
…RESPONDENTS
(BY SRI. S. C. VIJAY KUMAR, ADVOCATE FOR R1 TO R4; APPEAL AS AGAINST R5 AND R7 ABATED VIDE ORDER DATED 28.02.19; R6(2) SERVED; SERVICE OF NOTICE IN RESPECT OF R6 (1 AND 3) IS HELD SUFFICIENT)
THIS REGULAR SECOND APPEAL IS FILED U/S. 100 OF CPC PRAYING TO SET ASIDE THE JUDGEMENT & DECREE OF THE LEARNED PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C. AT HOSADURGA IN O.S.NO.177/2003 DATED 20.08.2008 AND JUDGMENT AND DECREE PASSED BY THE ITINERARY SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T. AT HOSADURGA IN R.A.NO.43/2008 DATED 26.04.2014.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation on behalf of appellant.
Nos.1 to 4 is present and files a memo producing the death ceremony card of deceased appellant to show that appellant died on 06.02.2021, which was also reported by the learned counsel vide order dated 18.11.2021.
In view of non-taking steps to bring the legal representatives of deceased appellant on record, the appeal is dismissed as abated.
In view of disposal of the appeal, pending I.A., if any, would pale into insignificance.
Sd/JUDGE
CPN
1 issue framed by the court
Whether the appeal abating due to the death of the appellant without substitution of legal representatives must be dismissed.
G. S. Shivanandappa
G. P. Udayashankar
G. T. Prameela
G. P. Chaya
Smt. M. Rudramma
G. S. Jayanna
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
