The Karnataka High Court noted that the sole appellant died in December 2022 and held that the regular second appeal stood abated. Costs directed were not disputed but the substantive appeal was disposed of via abatement.
The appeal is held to have abated due to the death of the appellant.
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 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 2022 OF 2021 (RES)
BETWEEN:
H.D. GOPINATH S/O. H.L. DURGAPPA AGED ABOUT 60 YEARS R/O. LAKSHMAIAH BUILDING OPP. URBAN BANK JAIN TEMPLE ROAD HIRIYUR-577 598 CHITRADURGA DISTRICT-572 599.
…APPELLANT
(BY SRI KALEEMULLAH SHARIFF, ADVOCATE)
AND:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
L. GOVINDARAJ S/O. LATE LAXMAIAH AGED ABOUT 80 YEARS R/AT NO.69, 11TH CROSS INDIRANAGAR, I STAGE BENGALURU-560 038.
…RESPONDENT
[BY SRI AJAY GOVINDRAJ, ADVOCATE (VC)]
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE, IN R.A. NO.36/2019 DATED 08.07.2021, PASSED BY THE LEARNED SENIOR CIVL JUDGE & JMFC., HIRIYUR, REJECTING THE APPEAL AND THE JUDGMENT AND DECREE IN O.S.NO.52/2016, DATED 06.06.2019 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE & JMFC., HIRIYUR, IN THE INTEREST OF JUSTICE.
NC: 2023:KHC:42908 RSA No. 2022 of 2021
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Counsel for the respondent, on instructions, submits
that the sole appellant has died in December, 2022.
abated .
Sd/JUDGE
GH
List No.: 1 Sl No.: 26
H.D. GOPINATH S/O. H.L. DURGAPPA
L. GOVINDARAJ S/O. LATE LAXMAIAH
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
