The High Court dismissed a regular second appeal as abated because the sole respondent died and the appellant failed to bring legal representatives despite sufficient opportunity, leading to the postal cover being returned.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 893 OF 2015 (MON)
BETWEEN:
MANGALORE ELECTRICITY SUPPLY COMPANY LTD., (MESCOM), HAVING ITS CORPORATE OFFICE AT: PARADIGM PLAZA, A.B.SHETTY CIRCLE, MANGALORE-575001. REPRESENTED BY ITS ASST. GENERAL MANAGER (A & IIRD) …APPELLANT (BY SRI. N KRISHNANANDA GUPTA., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: High Court of Karnataka
MR. H VENKATRAYA PAI S/O.H. RAMANATH PAI, AGED ABOUT 56 YEARS, R/AT D.NO.693, SHIVA VILAS, PARKALA-576107, PROP. M/S. H.V.PAI AND COMPANY, CHARTERED ACCOUNTANTS, HAVING ITS OFFICE AT 1ST FLOOR, NEW VYAVAHAR COMPLES, MARUTHI VEEDHIKA, UDUPI-1.
…RESPONDENT
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 20.02.2015 PASSED IN R.A. NO.40/2010 ON THE FILE OF THE ADDL. DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE, DISMISSING THE
APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 30.11.2009 PASSED IN O.S. NO.92/2005 ON THE FILE OF THE III ADDL. CIVIL JUDGE (SR.DN.) & J.M.F.C., MANGALORE, D.K.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Notice was issued to the respondent. Postal cover
returned with shara as 'party expired'.
representatives of deceased sole respondent.
Hence, by operation of law, the appeal is dismissed
as abated.
Sd/JUDGE
SSB
MANGALORE ELECTRICITY SUPPLY COMPANY LTD.
MR. H VENKATRAYA PAI
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
