This appeal against dissolution of earlier appeal was dismissed as it does not survive due to the death of appellant No.1 and sale of schedule property by appellant No.2, with pending I.A.s also disposed of.
The regular second appeal is dismissed for want of sufficient cause of action.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR SECOND APPEAL NO. 2785 OF 2011 (DEC/INJ)
BETWEEN:
BOTH ARE R/O HONNUDUKE VILLAGE, GULUR HOBLI, TUMKUR TALUK AND DISTRICT - 572 122.
…APPELLANTS
Digitally signed by YASHODA KRISHNAPPA Location: HIGH COURT OF KARNATAKA
(BY SRI. V B SIDDARAMAIAH, ADVOCATE)
AND:
RSA No. 2785 of 2011
2(B). SRI. SHIVAKUMAR, S/O LATE V VEERANNA, AGED ABOUT 65 YEARS, RESPONDENT NOS. 2 AND 3
ARE R/O VEERABHADRASWAMI NILAYA,
2ND CROSS, VINOBHANAGAR, TUMKUR - 572 101.
…RESPONDENTS
(BY SRI. S C VIJAYA, ADVOCATE KUMAR FOR R-1, R-2(A), R-2 (B)
THIS RSA IS FILED UNDER ORDER XLII RULE 1 R/W SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.11.2010 PASSED IN R.A.NO.272/2006 ON THE FILE OF THE II ADDL. DISTRICT & SESSIONS JUDGE, TUMKUR, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED: 22.9.2003 PASSED IN O.S.NO.550/1991 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., TUMKUR AND ETC.,
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants is present.
that appellant No.1 died and appellant No.2 sold suit schedule property by sale deed dated 18.09.2014. The
RSA No. 2785 of 2011
certified copy of the said sale deed is placed before the Court which is executed by appellant No.2, his wife Uma.M.S. and their daughter Kusuma, son Dilip and his two sisters viz; Vijayamma and Drakshayanamma.
In view of disposal of the main appeal, pending I.A's, if any, stand disposed of.
Sd/JUDGE
URN List No.: 1 Sl No.: 5 CT: BHK
1 issue framed by the court
Whether the cause of action survives the death of appellant No.1 and sale of property by appellant No.2.
2 provisions across 1 enactments
SMT. REVAMMA @ PUTTARNAMMA
SRI. UMASHANKAR
SMT. GOWRAMMA
SRI. V VEERANNA
SRI. SHIVAKUMAR
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
