The High Court of Karnataka heard Regular First Appeal No. 296 of 2016. Counsel for respondents submitted that the sole appellant expired in 2021. As no application was filed to bring legal representatives on record, the appeal was dismissed as abated.
The appeal was dismissed as abated.
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 19TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 296 OF 2016 (INJ)
BETWEEN:
SRI. T. MARAPPA S/O CHIKKATHIPPAIAH AGED ABOUT 43 YEARS R/A NO.28, 2ND CROSS MUNESHWARA BLOCK CHOLANAYAKANAHALLI BANGALORE-560 032.
…APPELLANT
(BY SRI. NAGESH S, ADVOCATE (ABSENT)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
ALL R/A NO.17(OLD NO.8) NAGARABHAVI CIRCLE A K COLONY, AMBEDKAR NAGAR
BANGALORE-560 072.
…RESPONDENTS
(BY SMT. VEENA HEGDE AND
SRI C T PARAMESHWARAPPA, ADVOCATE)
RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.11.2015 PASSED IN OS.No.4012/2009 ON THE FILE OF THE XXXIX ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU PARTLY DECREEING THE SUIT FOR PERMANENT INJUNCTION AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant.
The learned counsel for the respondents submits that
the sole appellant expired in the year 2021.
The submission of the learned counsel for
respondents is placed on record.
Till today, no application is filed to bring the legal representatives of deceased appellant on record.
Hence, the appeal is dismissed as abated.
Sd/JUDGE
DM
List No.: 1 Sl No.: 56
1 issue framed by the court
Whether the appeal can be maintained after the death of the appellant without legal heirs being brought on record.
1 provisions across 1 enactments
SRI. T. MARAPPA
SRI.T GALAPPA
SRI ANJANAPPA
SRI T SHANKARAPPA
SRI T NARAYANAPPA
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
