This regular second appeal was dismissed as abated after the learned single judge accepted the appellants' submission that the sole respondent died long ago without instructions to file applications to bring legal representatives.
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:39200 RSA No. 1418 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1418 OF 2014 (SP)
BETWEEN:
K.M. SRINIVAS S/O MUNIPILLAPPA SINCE DEAD, REP. BY HIS LEGAL REPRESENTATIVES
W/O K M SRINIVAS AGED ABOUT 56 YEARS R/AT DODDA KADATHURU VILLAGE KASABA HOBLI MALUR TALUK.
2. PAVITHRA S
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
W/O SURESH D/O LATE K.M. SRINIVAS AGED ABOUT 35 YEARS R/AT No.7, MUNESHWARA NILAYA 1ST CROSS, IYYANNA SHETTY LAYOUT OPP:KAVIKA MYSURU ROAD, BENGALURU - 560 026
W/O RAJANA D/O LATE K.M. SRINIVAS AGED ABOUT 32 YEARS R/AT No.63, GANESH COLONY OPP:GOVT. HOSPITAL KELAMANGALAM VILLAGE KRISHNAGIRI DISTRICT, TAMILNADU
APPELLANTS 4 AND 5 ARE R/AT DODDA KADATHURU VILLAGE KASABA HOBLI MALUR TALUK, KOLAR DISTRICT.
…APPELLANTS
(BY SRI. SANTHOSH, ADVOCATE FOR SRI. VARADARAJAN M S., ADVOCATE)
AND:
PEDDAKKA W/O LATE DEKAPPA AGED ABOUT 77 YEARS RESIDING AT DODDA KADATHURU VILLAGE KASABA HOBLI, MALUR TALUK - 563 130
…RESPONDENT
(BY SRI. RAMESH M.N., ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 7.8.2014 PASSED IN R.A.NO.88/2011 ON THE FILE OF PRL. DISTRICT & SESSIONS JUDGE, KOLAR, DISMISSING THE APPEAL AND UPHOLDING THE JUDGMENT AND DECREE DATED 24.8.2011 PASSED IN O.S.NO.13/2011 (OLD NO.36/2001) ON THE FILE OF THE SENIOR CIVIL JUDGE, MALUR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:39200 RSA No. 1418 of 2014
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
Learned counsel for the appellants submits that sole
respondent died long back and he submits the appellants have not given any instructions to file the necessary applications to bring the legal representatives of deceased respondent. Hence, by operation of law the appeal is abated.
Sd/(ASHOK S.KINAGI) JUDGE
SKS
2 issues framed by the court
Whether the regular second appeal stands abated due to the death of the respondent without the necessary applications being filed by the legal representatives.
Whether the appeal should be dismissed on the ground of abatement.
K.M. SRINIVAS S/O MUNIPILLAPPA SINCE DEAD, REP. BY HIS LEGAL REPRESENTATIVES 1. RATHNAMMA, 2. PAVITHRA S, 3. ROOPA S, 4. CHETAN S S, 5. MOHAN S S
PEDDAKKA W/O LATE DEKAPPA
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
