Regular first appeal against a trial court decree abated because the sole respondent died on 18.11.2023 and her legal representatives were never brought on record despite a memo with the death certificate.
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NC: 2024:KHC:34232-DB RFA No. 1716 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2024 PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 1716 OF 2014 (RES)
BETWEEN:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
ALL ARE R/A PRESTIGE ORCHID FLAT NO.01 & 101 NO.37, BERLIE STREET LANGFORD TOWN BANGALORE-560025.
…APPELLANTS
(BY SRI.A.NAGARAJA NAIDU., ADVOCATE)
AND:
SMT. R.NAVANEETHAM W/O SRI. J.R.R.NAIDU
AGED ABOUT 72 YEARS IN OCCUPATIN OF PORTION OF PROPERTY NO.6, MOYENVILLA ROAD LANGFORD TOWN BANGALORE-560025.
…RESPONDENT
(BY SMT.J.R.SHANTHALA., GPA HOLDER OF SOLE RESPONDENT PARTY-IN-PERSON)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.09.2014 PASSED IN O.S.NO.5113/11 (AS PER ANNEXURE- A &B) ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-26) BANGALORE, BY ALLOWING THE APPEAL WITH COSTS.
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)
Memo dated 18.12.2023 is filed by General Power of
Attorney holder of the respondent enclosing death certificate of respondent – Smt.R.Navaneetham which indicates that sole respondent died on 18.11.2023.
NC: 2024:KHC:34232-DB RFA No. 1716 of 2014
the LRs of sole respondent. Hence, appeal stands abated.
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
NC
1 provisions across 1 enactments
Azeez Mohammed
Mrs Farida Azeez
Adil Mohammed
Mr Azeem Azeez
Smt. R.Navaneetham
S.G. Pandit
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
