The Regular Second Appeal was dismissed as abated because the sole respondent died on 03.06.2021, facts reported by the respondent's counsel but to date without steps taken to terminate the appeal after the Service List date.
Appeal dismissed as abated on the death of the sole respondent.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 1551 OF 2016 (RES)
BETWEEN:
Digitally signed by ANUSHA V Location: High Court Of Karnataka
PRESENTLY THE APPELLANTS ARE R/A 'PRIYA NILAYA', MUNINARAYAPANAPPA BUILDING, WARD NO.5, YELAHANKA BEEDHI, DEVANAHALLI TOWN - 562 110.
…APPELLANTS
[BY SRI UMESH MOOLIMANI, ADVOCATE FOR SRI S.V. PRAKASH, ADVOCATE (PH)]
AND:
K. RUDRAPPA, AGED ABOUT 82 YEARS, S/O KODAGALLAPPA, R/AT NO.294, SRI RAJARAJESHWARI, 15TH CROSS, 5TH PHASE, J.P.NAGAR, BENGALURU-560 078.
…RESPONDENT
[BY SRI H.M. GOPAL, ADVOCATE FOR C/R (AB)]
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.07.2015 PASSED IN RA NO.15024/2014 ON THE FILE OF THE V ADDL. DIST, & SESSIONS JUDGE, DEVANAHALLI, BENGALURU RURAL DISTRICT, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.03.14 PASSED IN OS NO.1333/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., DEVANAHALLI.
THIS APPEAL IS COMING ON FOR ORDERS , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Learned counsel for respondent has filed a memo dated 16.03.2022 reporting death of sole respondent on 03.06.2021 along with copy of death certificate. Till date, steps are not taken. Appeal is dismissed as abated.
Sd/(RAVI V HOSMANI) JUDGE
AV List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the regular second appeal abates upon the death of the sole respondent.
1 provisions across 1 enactments
SMT. CHANDRAKALA, AGED ABOUT 46 YEARS, W/O B.MANOHAR
SRI M. MUKESH, AGED ABOUT 27 YEARS, S/O B MANOHAR
SMT. M.SWETHA, AGED ABOUT 24 YEARS, W/O B.MANOHAR
K. RUDRAPPA, AGED ABOUT 82 YEARS, S/O KODAGALLAPPA
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
