Two regular first appeals concerning property suits were pending when the appellant died on 19 July 2020. On the respondent's memo with the death certificate, the High Court recorded the death and held that both appeals stood 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 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO.453 OF 2010 C/W REGULAR FIRST APPEAL NO.454 OF 2010
IN RFA NO.453 OF 2010
BETWEEN:
…APPELLANT
(BY SRI. J C KUMAR, ADVOCATE)
AND:
Digitally signed by SANDHYA S Location: High Court of Karnataka
…RESPONDENT
(BY SRI. M.N. UMESH, ADVOCATE FOR S D N PRASAD, ADVOCATE FOR R1 SMT. SUMANGALA GACHICHINAMATH, ADVOCATE FOR R2)
THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 29.1.10 PASSED IN O.S.NO.15811/2005 ON THE FILE OF V ADDITIONAL CITY
NC: 2024:KHC:1621 RFA No. 453 of 2010 C/W RFA No. 454 of 2010
CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FILED FOR PERMANENT INJUNCTION.
IN RFA NO.454 OF 2010
BETWEEN:
S/O LATE CHINNUKUTTI AGED ABOUT 45 YEARS, R/O NO.5, KEMPANNA ROAD, M.S.NAGARA, BANGALORE-560033
…APPELLANT
(BY SRI. J C KUMAR, ADVOCATE)
AND:
S/O C K MANICKA ACHARI SUBSTITUTED BY MRS VIMALA W/O A AYYAPPA REDDYAGED ABOUT 45 YEARS, NO.442, 10TH CROSS, 2ND CROSS, IST BLOCK, KALYANANAGAR, DODDABANASWADI, BANGALORE-560043
S/O LATE A MUNIREDDY AGED ABOUT 37 YEARS, R/OF NEAR ANJANEYA TEMPLE OLD POST OFFICE ROAD, BANASWADI VILLAGE, BANGALORE-560043
…RESPONDENTS
(BY SRI M.N. UMESH, ADVOCATE FOR S D N PRASAD, ADVOCATE FOR C/R1(A); SMT. POORNIMA M. ADVOCATE FOR R3; R2(A), (B), (C), (D) AND (E) SERVED UNREPRESENTED)
THIS RFA FILED IS U/S 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.1.2010 PASSED IN
O.S.NO.2420/1995 ON THE FILE OF THE V ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR DECLATAION, POSSESSION & EJECTMENT. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R
Respondent counsel files a memo as to the death of the appellant who died on 19th July, 2020. Death certificate of Late
C. Ramachandran is also produced. Same is taken on record.
in view of the death of appellant who died on 19th July, 2020, appeals stand abated.
Sd/JUDGE
LNN
List No.: 2 Sl No.: 5
1 provisions across 1 enactments
C Ramachandran
Vimala
M Mani
A Munireddy
Nandakumar
M Shashidhar
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
