The High Court of Karnataka dismissed the regular second appeal as abated since the sole appellant was deceased and legal representatives were not brought on record, and dismissed against another respondent.
The appeal stood dismissed as abated; the appeal against respondent No. 2 was dismissed.
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:28892 RSA No. 988 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 988 OF 2009 (INJ)
BETWEEN:
MRS. MUNIYAMMA, W/O. NARAYANAPPA, D/O. HOGARI MUNIYAPPA, AGED ABOUT 50 YEARS, R/O. HOGARI VILLAGE, KASABA HOBLI, KOLAR TALUK AND DISTRICT - 563 101.
…APPELLANT
(BY SRI. K. VISHWANATHA, ADVOCATE (ABSENT))
Digitally signed by CHAITHRA P Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENTS
(APPEAL AS AGAINST DECEASED R1 ABATES, VIDE ORDER DATED 11.08.2023; APPEAL AS AGAINST R2 DISMISSED, VIDE ORDER DATED 18.09.2012)
NC: 2023:KHC:28892 RSA No. 988 of 2009
THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE JUDGEMENT & DECREE DATED 30.03.2009 PASSED IN R.A.NO.163/2008 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 06.03.2006 PASSED IN OS.NO.168/2001 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) KOLAR AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation on behalf of appellant.
NC: 2023:KHC:28892 RSA No. 988 of 2009
In view of the above, the appeal stands dismissed as
abated.
Sd/JUDGE
CPN List No.: 1 Sl No.: 8 CT: AVB
1 issue framed by the court
Whether the regular second appeal stands dismissed due to abatement of the sole appellant and dismissal against a respondent.
MRS. MUNIYAMMA, W/O. NARAYANAPPA
MR. V. MUNIYAPPA
MR. VENKATARAMANAPPA
PRADIP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
