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Chandra Bai Vs Smt Rekha R — Civil Procedure and Limitation | Karnataka HC (2024)

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Karnataka HC
2024
Chandra Bai Vs Smt Rekha RChandra Bai v. Smt Rekha R

Disposed

Chandra Bai v. Smt Rekha R

Karnataka HC25 Jul 2024RFA/735/2019

Case brief

AI extract

What is this about?

The court notes that the sole appellant has died. Consequently, the appeal is held to have abated by operation of law.

What the court decided

AI extract

A

1 -

NC: 2024:KHC:29198-DB RFA No. 735 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF JULY, 2024

PRESENT

THE HON'BLE MR JUSTICE V KAMESWAR RAO

AND

THE HON'BLE MR JUSTICE C M JOSHI REGULAR FIRST APPEAL NO. 735 OF 2019 (INJ)

BETWEEN:

CHANDRA BAI,

W/O LATE MAHADEVA RAO, AGED ABOUT 72 YEARS, R/AT NO.451E, TYPE-III, 1^ST FLOOR, RAILWAY QTRS, M.G.COLONY, NEAR RAILWAY HOSPITAL, OKALIPURAM, BENGALURU-560 023.

…APPELLANT

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appeal abates on the death of the sole appellant?

Statutes considered

2 provisions across 1 enactments

AI extract

CPC96Order VII Rule 11[d]

Parties & counsel

AI extract

appellant
CHANDRA BAI
respondent
SMT. REKHA R
respondent
KUMARI SAI SMRUTHI
respondent
THE DIVISIONAL RAILWAY MANAGER (DRM), SENIOR DIVISIONAL PERSONAL OFFICER, SOUTH WESTEREN RAILWAY

Coram

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 25 Jul 2024 · July
Registered: 1 Apr 2019
Case no.: RFA/735/2019

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Cite this judgement

Chandra Bai v. Smt Rekha R, RFA/735/2019 (KA), decided on 25 July 2024.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

CPC96 · Order VII Rule 11[d]

View all statutes

Bench / Coram

V KAMESWAR RAO and C M JOSHI

Parties & counsel

Outcome

Disposed

Issue for consideration

Whether the appeal abates on the death of the sole appellant?

Detailed headnote1 paragraphs

The appeal abates due to the death of the sole appellant, as confirmed by a memo filed by the respondents.

A compact analysis

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.

(BY MS. SNEHA YADAV, ADVOCATE FOR SRI B M HALASWAMY, ADVOCATE)

Digitally signed by NANDINI R Location: High Court of Karnataka

AND:

SMT. REKHA R, AGED ABOUT 48 YEARS.

KUMARI SAI SMRUTHI, D/O SMT. REKHA R, REP. BY HER MOTHER AND NATURAL GUARDIAN SMT. REKHA R.

RESPONDENT NO.1 & 2 ARE R/AT UDAYAGIRI, NO.53/A, 2^ND CROSS, NEW KEB COLONY,

2 -

NC: 2024:KHC:29198-DB RFA No. 735 of 2019

UDAYAGIRI POST, MYSORE-570 019.

THE DIVISIONAL RAILWAY MANAGER (DRM), SENIOR DIVISIONAL PERSONAL OFFICER, SOUTH WESTEREN RAILWAY, 2^ND FLOOR, BENGALURU-560 023.

…RESPONDENTS

(BY SMT. NIRAJA KARANTH, ADVOCATE FOR SRI K SRIHARI, ADVOCATE FOR R1 & R2; MS. KAVITHA H.C, ADVOCATE FOR R3)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 19.02.2019 PASSED ON IA NO.3 IN OS NO.1774/2018 ON THE FILE OF THE XLIV ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU ALLOWING THE IA NO.III FILED UNDER ORDER VII RULE 11[d] OF CPC. FOR REJECTION OF PLAINT.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO

AND

HON'BLE MR JUSTICE C M JOSHI

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

Learned counsel for respondent Nos.1 and 2 has filed a

memo dated 25.07.2024 stating that the sole appellant has died on 31.07.2023.

3 -

NC: 2024:KHC:29198-DB RFA No. 735 of 2019

If that be so, the appeal stands abated by virtue of

operation of law.

Sd/(V KAMESWAR RAO) JUDGE

Sd/(C M JOSHI) JUDGE

NR/List No.: 1 Sl No.: 33

AI extract

V KAMESWAR RAO
C M JOSHI

CNR

KAHC010352622019

Topic

Civil Procedure and Limitation

Bench

V Kameswar Rao C M Joshi

Disposal

Abated

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