Second Regular Appeal against a civil decree dismissed as abated due to non-representation of the deceased respondent's legal heirs within six months of his death in February 2020.
The appeal is dismissed as abated.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.320 OF 2010 (INJ)
BETWEEN:
…APPELLANTS
(BY SRI. SANGAMESH R. B., ADVOCATE)
Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA
AND:
SRI. D. SUBBAIAH, AGED ABOUT 50 YEARS, S/O. DEVENDRALA VENKATA SUBBAIAH, R/AT VINOBA COLONY, KASABA HOBLI, HUNSUR TALUK, MYSORE DISTRICT - 571 105.
…RESPONDENT
(BY SMT. SOWKHYA PATIL, ADVOCATE FOR SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)
NC: 2023:KHC:36627 RSA No. 320 of 2010
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.8.2009 PASSED IN R.A.NO.65/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., HUNSUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.10.2002 PASSED IN O.S.NO.22/1998 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., HUNSUR AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation on behalf of appellants.
2. Learned counsel for the respondent has filed a
memo reporting the death of sole respondent namely Sri. D. Subbaiah, who died on 21.02.2020. A copy of the death certificate is also annexed.
21.02.2020, no steps are taken to bring the legal representatives of the deceased sole respondent on record.
In view of non-taking steps to bring the legal representatives of the deceased sole respondent on record, the appeal is dismissed as abated.
NC: 2023:KHC:36627 RSA No. 320 of 2010
In view of disposal of the appeal, pending I.A., if any,
would pale into insignificance.
Sd/JUDGE
ABK List No.: 1 Sl No.: 5
Smt. Guramma and Others
Sri. D. Subbaiah (Deceased)
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
