Regular first appeal over a dismissed money recovery suit against Canara Bank was dismissed as abated because the sole appellant had died and legal representatives were never substituted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 361 OF 2011 (MON)
BETWEEN:
SRI P M PAI, S/O LATE P VENKATESH PAI, AGED ABOUT 68 YEARS, R/AT 26/106, 11TH B CROSS, 1ST MAIN, MALLESHWARAM, BANGALORE - 560 003.
…APPELLANT (BY SRI NISCHAY S P, ADVOCATE FOR SRI R NAGENDRA NAIK, ADVOCATE) AND:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
CANARA BANK, A BODY CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRASFER OF UNDERTAKINGS) ACT, 1970 REPRESENTED BY ITS GENRAL MANAGER, PERSONNEL MANAGEMENT SECTION, PERSONNEL WING, 112, J.C. ROAD, HEAD OFFICE, BANGALORE - 560 002.
(BY SRI T P MUTHANNA, ADVOCATE)
…RESPONDENT
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.10.2010 PASSED IN O.S.1646/2006 ON THE FILE OF THE 42ND-ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR HEARING THIS DAY THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:9092 RFA No. 361 of 2011
JUDGMENT
It is stated that, appellant died three years ago, steps have not been taken to substitute the legal representatives of
sole appellant.
Hence, appeal is dismissed as abated.
Sd/JUDGE
CHS List No.: 1 Sl No.: 29
1 provisions across 1 enactments
Sri P M Pai
Canara Bank
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
