The High Court of Karnataka dismissed the appeal as abated. The sole appellant in the cross appeal was deceased, and their legal representatives were not brought on record as required by orders dated 08.02.2023.
Appeal dismissed as abated since the sole appellant in the appeal was deceased and legal representatives were not brought on record.
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NC: 2024:KHC:33623-DB RFA No. 1623 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
R.F. A. NO. 1623 OF 2013 (DEC/INJ)
BETWEEN:
M.GANAPATHY S/O.LATE MADAPPA, 88 YEARS, R/AT.NO.1, III BLOCK, METAL TOWER, G.M.PALYA, BANGALORE.
…APPELLANT
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
(BY SRI.D.R.SUNDARESHA, ADVOCATE(ABSENT))
AND:
WHITEFIELD, BANGALORE.
NO.62/A, 4TH CROSS, 4TH MAIN, DOLLARS COLONY, N.S.PALYA, BANGALORE-76.
…RESPONDENTS
(BY SRI. V HARIDAS BHAT., ADVOCATE FOR C/R1)
RFA FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.8.2013 PASSED IN O.S.NO.7942/2007 ON THE FILE OF THE XXXVII ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and
HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Learned counsel Sri.Bhavin C appearing on behalf of
Sri.K.N.Putte Gowda, learned counsel for the appellant submits that the sole appellant in RFA No.1623/2013 is the 4th respondent in RFA No.1747/2013.
NC: 2024:KHC:33623-DB RFA No. 1623 of 2013
In RFA No.1747/2013, it is noted that respondents No.2 and 4 are deceased in terms of order dated 08.02.2023. Therefore, this appeal stands dismissed as abated, as the legal representatives of the sole appellant are not brought on record.
SD/(S.G.PANDIT) JUDGE
SD/(C.M. POONACHA) JUDGE
MPK CT:bms List No.: 1 Sl No.:10.1
1 issue framed by the court
Whether the appeal stands dismissed as abated due to the death of the sole appellant in the cross appeal without legal representatives being brought on record.
1 provisions across 1 enactments
M. GANAPATHY
K.L. SHRIHARI
JAYA GANAPATHY
K P RADHAKRISHNA
I M GANAPATHY
T SUBRAMANYA NAIDU
SG. PANDIT
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
