The High Court of Karnataka held that the Regular Second Appeal abated by operation of law upon the death of the sole appellant without the filing or acceptance of an application by his legal representative.
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.
NC: 2024:KHC:51661 RSA No. 1051 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO. 1051 OF 2018 (PAR)
BETWEEN:
BASAVANYAPPA, S/O. DYAVAPPA, AGED ABOUT 49 YEARS, R/O. MARURU VILLAGE, KASABA HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT - 577 429.
…APPELLANT
(BY SMT. ANNAPOORNA., ADVOCATE FOR SRI. S.V.PRAKASH., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
RANGAPPA S/O. DYAVAPPA, AGED ABOUT 65 YEARS, AGRICULTURISTS, R/O. MARURU VILLAGE, KASABA HOBLI, SORABA TALUK, SHIVAMOGGA DISTRICT - 577 429.
…RESPONDENT
(BY SRI. CHIDAMBARA.G.S., ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908.
THIS REGULAR SECOND APPEAL IS LISTED FOR ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER:
NC: 2024:KHC:51661 RSA No. 1051 of 2018
ORAL ORDER
Smt.Annapoorna., counsel on behalf of Sri.S.V.Prakash., for the appellant and Sri.Chidambara.G.S., counsel for the
respondent have appeared in person.
Counsel Smt.Annapoorna., submits that
Sri.Basavanyappa - the sole appellant has died on 09.09.2024.
The oral submission about the death of the sole appellant is placed on record.
The application to bring the legal representative of deceased sole appellant is not filed. By operation of law, the Regular Second Appeal abates .
Sd/(JYOTI MULIMANI) JUDGE
TKN List No.: 1 Sl No.: 26
BASAVANYAPPA
RANGAPPA
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
