The High Court of Karnataka allowed the appellant to file a memo and death certificate. Noting the appellant died on 28.08.2022 without filing an application to join legal representatives, the Court held the Regular Second Appeal abated by operation of law.
Memo with death certificate placed on record; appeal abated.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1702 OF 2019 (MON)
BETWEEN:
SRI.G.THIMMANNA, S/O GOVINDAPPA, AGED ABOUT 69 YEARS, AGRICULTURIST, R/O BANGARAKKANAHALLY, TURUVANURU HOBLI, CHITRADURGA TALUK - 577 517.
…APPELLANT
(BY SRI.SURESH.P., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
SRI.P.K.INDRESH REDDY, S/O P.KESHAVAREDDY, AGED ABOUT 47 YEARS, MERCHANT BY PROFESSION 2ND CROSS, VIDYANAGARA, CHITRADURGA - 577 501.
(BY SRI.PRAKASH.M., ADVOCATE)
…RESPONDENT
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 AND ORDER 42 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECOND APPEAL IS LISTED FOR HEARING - INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Suresh., counsel for the appellant has appeared in person.
Counsel submits that a memo has been filed furnishing the true copy of the death certificate stating that Sri.G.Thimmanna - the sole appellant died on 28.08.2022. Counsel therefore, submits that the memo along with the true copy of the death certificate may be placed on record.
Submission is noted. Memo along with the true copy of the death certificate is placed on record.
A perusal of the same depicts that the sole appellant died on 28.08.2022. The application to bring the legal representatives of deceased sole appellant is not filed. Hence, the Regular Second Appeal stands abated .
By operation of law the appeal is abated. Hence, there is no need to consider the interlocutory application.
Sd/(JYOTI MULIMANI) JUDGE
TKN List No.: 2 Sl No.: 57
G. Thimanna
P.K. Indresh Reddy
Jyoti Mulimani
As recorded by the court registry
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