The Second Appeal filed under Section 100 of the CPC was dismissed as abated, as the legal representatives of the deceased respondents were not impleaded despite notification of their death.
The appeal was dismissed as abated due to lack of substitution of legal representatives of deceased respondents.
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:24316 RSA No. 2253 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR SECOND APPEAL NO. 2253 OF 2007 (RES)
BETWEEN:
1(a) LAXMAMMA 25 YEARS W/O MAHADEVAGOWDA D/O.MADEGOWDA 7TH CROSS RAGHAVENDRANAGAR, MYSORE-11.
1(b) BASAMMA, 35 YEARS D/O MADEGOWDA GEJJAGANAHALLI.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
1(c) RAJAMMA, 40 YEARS D/O MADEGOWDA AND W/O MAHADEVAIAH KSRO QUARTERS, MYSORE.
1(d) KOOSANNA, 25 YEARS S/O MADEGOWDA D/O MADEGOWDA GEJJANGANAHALLI NANJANGUD TALUK – 571 371.
1(e) JAYASUNDRAMMAMMA 23 YEARS, W/O GURUSIDDEGOWDA D/O MADEGOWDA GEJJANGANAHALLI NANJANGUD TALUK – 571 371.
NC: 2023:KHC:24316 RSA No. 2253 of 2007
…APPELLANTS
(BY SRI GOWTHAMDEV C ULLAL, ADVOCATE)
AND:
BOTH ARE RESIDENTS OF GAJJINAHALLY, BILLIGERE HOBLI NANJANGUD TALUK – 571 301.
…RESPONDENTS
(BY SMT. G JAYASHREE, ADVOCATE – ABSENT)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMNET AND DECREE DATED 03.07.2007 PASSED IN RA.NO.52/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC., NANJANGUD, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED:26.02.2002 PASSED IN OS.NO.137/1997 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND ADDITIONAL JMFC., NANJANGUD.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:24316 RSA No. 2253 of 2007
JUDGMENT
Nos.1 and 2.
Sd/JUDGE
GH
List No.: 1 Sl No.: 4
1 issue framed by the court
Whether the second appeal must be dismissed when one respondent is deceased and legal representatives have not been substituted.
Chikkabasavegowda Major & Ors.
G R Puttaswamy & Shivanna
Shivashankar Amarannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
