Appeal by appellant filed under Section 100 CPC against order dismissing application under Limitation Act. Court held appeal abated due to death of appellant on 17.07.2023.
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NC: 2024:KHC:32193 RSA No. 1036 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO.1036 OF 2018 (DEC/INJ)
BETWEEN:
THIMMAYYA KOTTARY S/O MANJANNA KOTTARY, AGED ABOUT 70 YEARS, R/AT KADESHWALYA VILLAGE, P.O.KADESHWALYA, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574219.
…APPELLANT
(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)
AND:
Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka
BY THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALURU DAKSHINA KANNADA DISTRICT-575001.
P.O. KADESHWALYA, BANTWAL TALUK DAKSHINA KANNADA DISTRICT-574219.
…RESPONDENTS
(BY SRI. HANUMANTHARAYA LAGALI, AGA,)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 04.12.2017 PASSSED IN R.A. NO. OF 2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BANTWAL, DAKSHINA KANNADA, DISMISSING THE APPLICATIION FILED UNDER SECTION 5 OF LIMITATION ACT AND CONSEQUENTLY DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 20.06.2013 PASSED IN OS.NO.193 OF 2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., BANTWALA, DAKSHINA KANNADA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:32193 RSA No. 1036 of 2018
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
Learned counsel for the appellant reported death of appellant on 17.07.2023. Accordingly, the appeal abates.
SD/(E.S.INDIRESH) JUDGE
sac
List No.: 1 Sl No.: 25
Timmayya Kortary S/o Manjannta Kortary
State Represented By The Deputy Commisioner, Dakshinna Kannada District
The Thasildar Bantwal Taluk
The Village Accountant Kadeshwalya Village
E.S. Indires
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
