The High Court of Karnataka dismissed a regular second appeal as abated for failure by the appellants to substitute the legal representatives of the deceased respondent within a year of being notified about the death.
The appeal is dismissed as abated against the sole respondent.
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:26892 RSA No. 2093 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 2093 OF 2012 (INJ)
BETWEEN:
AGED ABOUT 30 YEARS.
Digitally signed by CHAITHRA P Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT
MADAPPANAHALLI VILLAGE,
HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 101.
(BY SRI. MANOHAR, ADVOCATE FOR,
SRI. S. NAGARAJA, ADVOCATE)
AND:
NC: 2023:KHC:26892 RSA No. 2093 of 2012
R/AT MADAPPANAHALLI VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 101.
…RESPONDENT
(BY SRI. K. A. CHANDRASHEKARA, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 26.11.2011 PASSED IN R.A.NO.48/2010 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 8.4.2010 PASSED IN OS.NO.75/2007 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC, KUNIGAL AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri Manohar, learned counsel appearing on behalf of S.Nagaraj for the appellants, is present through Video Conferencing, submits that he would take steps to bring the legal representatives of the deceased sole respondent on record.
NC: 2023:KHC:26892 RSA No. 2093 of 2012
not taken any steps to bring the legal representatives on record. It is also stated in memo that the appellants being the neighbourers, are aware of the fact of death of sole respondent.
Sd/JUDGE
CPN List No.: 1 Sl No.: 10 CT: AVB
1 issue framed by the court
Whether the regular second appeal abates due to non-substitution of legal representatives of the deceased respondent despite notice.
Sri. Nanjaiah & Ors.
Sri. M. C. Rajanna
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
