Regular second appeal dismissed as abated because the appellant was found dead according to the court notice returned. Counsel appearance was unnecessary due to abatement.
Regular second appeal dismissed as abated.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 2870 OF 2007 (DEC/INJ)
BETWEEN:
SRI A. B. BASAVARAJAPPA, S/O. LATE BASAPPA, AGED ABOUT 85 YEARS, AGRICULTURIST, RESIDING AT ALAMBADI VILLAGE, ALAMBADIKAVAL POST, AKKIHEBBAL HOBLI, K. R. PET TALUK - 571 426.
…APPELLANT
(BY SRI. A. B. BASAVARAJAPPA, S/O. LATE BASAPPA, (DEAD AS PER COURT NOTICE REPORT)
AND:
Digitally signed by SUCHITRA M J Location: High Court of Karnataka
RESPONDENT NOS.1 AND 2 ARE AGRICULTURISTS, R/O. ALAMBADI, AKKIHEBBAL HOBLI, K. R. PET TALUK - 571 426.
GRAM PANCHAYATH, ALAMBADIKAVAL, AKKIHEBBAL HOBLI, K. R. PET TALUK - 571 426.
…RESPONDENTS
(BY SRI. K. S. ARUN, ADVOCATE FOR R1; R2 AND R3 ARE SERVED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 04.08.2007 PASSED IN R.A.NO.10/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN), & JMFC., K.R.PET, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 13.12.2004 PASSED IN O.S.NO.82/1996 ON THE FILE OF THE CIVIL JUDGE (JD), & JMFC., K.R.PET, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the respondents is present.
There is no representation on behalf of the appellant.
Vide order dated 03.08.2023, this Court provided one more opportunity for the appellant to appear before the Court, despite the Court notice which came to be returned as "insufficient address" along with shara as "dead".
The Court notice was issued as the learned counsel for the appellant Sri T.N.Raghupathy, unfortunately passed away.
NC: 2023:KHC:29157 RSA No. 2870 of 2007
On perusal of the shara of the Court notice returned, which is depicting the appellant to be dead, the appeal would not survive for consideration any more.
Accordingly, the appeal is dismissed as abated.
Sd/JUDGE
CH List No.: 1 Sl No.: 4 CT: AVB
1 issue framed by the court
Whether the regular second appeal survives given the death of the appellant as per court notice.
SRI A. B. BASAVARAJAPPA
UDDUR RAJANNA
PATEL A. B. SHIVANANJEGOWDA
THE SECRETARY, ALAMBADIKAVAL GRAM PANCHAYATH
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
