Regular second appeal against decrees in a property suit was dismissed as abated after the death of the sole appellant, no steps having been taken to bring legal representatives on record within the time granted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.1059 OF 2015 (POS)
BETWEEN:
SRI T. KESHAVA SHETTY, AGED ABOUT 54 YEARS, S/O LATE T. RAJU SHETTY, THINNAGALI HOSAMANE, SHIMANTHOOR VILLAGE, POST PANJINADKA-574 195, MANGALORE TALUK, D K.
…APPELLANT
(BY SRI. CHANDRANATH ARIGA K, ADVOCATE (PH))
AND:
SRI B. RAGHURAM SHETTY, AGED ABOUT 75 YEARS, S/O NARAYANA SHETTY, 22, UDAY NIVAS, MILITARY ROAD, MAROL, BOMBAY-400 059.
…RESPONDENT
Digitally signed by ANUSHA V Location: High Court of Karnataka
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.03.2015 PASSED IN RA NO.38/2009 ON THE FILE OF THE I ADDL. DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE, DISMISSING THE APPEAL AND THE JUDGMENT AND DECREE DATED 17.02.2009 PASSED IN OS NO.138/2005 (OLD OS NO. 314/2003) ON THE FILE OF THE CIVIL JUDGE, (SR.DN.) ADDL. CJM, KARKALA.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
NC: 2024:KHC:50125 RSA No. 1059 of 2015
ORAL JUDGMENT
As per order dated 04.01.2021, death of sole appellant
was recorded and three weeks time was granted to take steps.
Till date, steps are not taken. Hence, appeal is dismissed as
abated.
Sd/(RAVI V HOSMANI) JUDGE
GRD
List No.: 1 Sl No.: 18
1 provisions across 1 enactments
Sri T. Keshava Shetty
Sri B. Raghuram Shetty
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
