Second appeals filed under Section 100 CPC abated by dismissal due to the death of the sole appellant, whose legal representatives were not brought on record.
Appeals dismissed as abated due to death of appellant without substitution of legal representatives.
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:31033 RSA No. 627 of 2010 C/W RSA NO. 626 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 627 OF 2010(DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 626 OF 2010(DEC/INJ)
IN RSA NO. 627/2010
BETWEEN:
L. LOKESH, S/O LAKSHMAIAH, AGED ABOUT 57 YEARS, RESIDING AT ANEKAL TOWN, BANGALORE RURAL DISTRICT - 562 106.
…APPELLANT
(BY SRI. A. V. GANGADHARAPPA, ADVOCATE)
AND:
Digitally signed by 1. SMT. RUKKAMMA, MOHANKUMAR M W/O THIMMARAYAPPA, Location: High AGED ABOUT 56 YEARS, Court of Karnataka RESIDENT OF CHANDAPURA , ANEKLA TALUK, BANGALORE RURAL DISTRICT - 562 106.
SAMPANGIRAMAIAH, S/O CHENNAPPA, SINCE DEAD BY LRS,
NC: 2023:KHC:31033 RSA No. 627 of 2010 C/W RSA NO. 626 of 2010
AGED ABOUT 75 YEARS,
AGED ABOUT 58 YEARS,
S/O LATE SAMPANGIRAMAIAH, AGED ABOUT 52 YEARS,
AGED ABOUT 50 YEARS,
ALL ARE ESIDENTS OF KUMBARPETE, ANEKAL TOWN,
BANGALORE RURAL DISTRICT - 562 106.
…RESPONDENTS
(BY SRI. G. R. LAKSHMIPATHI REDDY, ADVOCATE FOR R1; SRI. C.V. SUDHINDRA, ADVOCATE FOR R2 TO R6)
THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE JUDGEMENT & DECREE DATED 31.10.2009 PASSED IN R.A.NO.282/2002 ON THE FILE THE ADDL. DISTRICT & SESSIONS JUDGE, FAST TRACK COURT-V, BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.3.2002 PASSED IN O.S.NO.69/1986 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., ANEKAL.
- 3 - NC: 2023:KHC:31033 RSA No. 627 of 2010 C/W RSA NO. 626 of 2010
IN RSA NO. 626/2010
BETWEEN:
L. LOKESH, S/O LAKSHMAIAH, AGED ABOUT 57 YEARS, RESIDING AT ANEKAL TOWN, BANGALORE RURAL DISTRICT - 562 106.
…APPELLANT
(BY SRI. A. V. GANGADHARAPPA, ADVOCATE)
AND:
SAMPANGI RAMAIAH, S/O CHENNAPPA, SINCE DEAD BY LRS,
S/O LATE SAMPANGIRAMAIAH,
AGED ABOUT 50 YEARS,
ALL ARE ESIDENTS OF KUMBARPETE, ANEKAL TOWN,
BANGALORE RURAL DISTRICT - 562 106.
…RESPONDENTS
(BY SRI. C.V. SUDHINDRA, ADVOCATE FOR R1 TO R5; SRI. G. R. LAKSHMIPATHI REDDY, ADVOCATE FOR R6)
THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE JUDGEMENT & DECREE DATED 31.10.2009 PASSED IN R.A.NO.96/2002 ON THE FILE THE ADDL. DISTRICT & SESSIONS JUDGE, FAST TRACK COURT-V, BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.2.2002 PASSED IN O.S.NO.402/1989 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., ANEKAL.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
It is seen in the order sheet dated 29.03.2023 that the sole appellant has died during the year 2022. Till date, no steps have been taken to bring the legal representatives of the deceased appellant on record.
Sd/JUDGE
CH List No.: 1 Sl No.: 8 CT: BHK
1 issue framed by the court
Whether an appeal abates upon the death of the appellant where legal representatives are not brought on record
1 provisions across 1 enactments
L. Lokesh
Smt. Rukkamma
Sampangi Ramaiah
Smt. Muniyamma
S. Jayaram
S. Srinivasaa
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
