This regular second appeal was dismissed as abated. The sole respondent died on 18.03.2023, and the counsel failed to take necessary steps to substitute the legal representative in time.
The appeal is dismissed as 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 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 13 OF 2017 (SP)
BETWEEN:
BOTH ARE R/A MADANAMADU, BARASIDLAHALLI POST, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 572 214.
Digitally signed by ANUSHA V Location: High Court Of Karnataka
NC: 2024:KHC:43285 RSA No. 13 of 2017
R/AT KUVEMPU NAGARA, SATHI ROAD, CHAMARAJANAGARA - 571 313.
…APPELLANTS
(BY SRI H.N.BASAVARJU, ADVOCATE)
AND:
SRI B.P.PAMPANNA, S/O LATE PARANA, AGED ABOUT 74 YEARS PROPRIETOR, VIJAYA INDUSTRIES, PAVAGADA TOWN, TUMKUR DISTRICT - 561 202.
…RESPONDENT
(BY SRI D.R.RAJASHEKARAPPA, ADVOCATE)
THIS RSA IS FILED U/S 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.09.2016 PASSED IN R.A.NO.47/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC SIRA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.07.2012 PASSED IN O.S.NO. 147/2006 ON THE FILE OF THE CIVIL JUDGE AND JMFC SIRA.
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:43285 RSA No. 13 of 2017
ORAL JUDGMENT
Learned counsel for respondent has filed a memo dated
01.09.2023 stating that sole respondent has died on
18.03.2023 by appending copy of death certificate.
Since necessary steps are not taken in time, appeal is
dismissed as abated .
Sd/(RAVI V HOSMANI) JUDGE
GRD
List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the appeal should be dismissed due to the death of the sole respondent and lack of timely steps to substitute the legal representative.
Sri B.R. Babu Prasad s/o Late B P Rudrapa, Since Dead by LRS and Others
Sri B.P. Pampana, s/o Late Parana
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
