Regular second appeal under Section 100 CPC against a first appellate decree. The sole appellant-defendant died during the pendency of the appeal, and the High Court held that the appeal stood abated in consequence of his death.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO. 1831 OF 2021 (INJ)
BETWEEN:
…APPELLANT
(BY SRI VIJAYA KRISHNA BHAT M, ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
BOTH ARE R/AT THANNENAHALLI VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT - 572129.
…RESPONDENTS
(BY SRI VASANTHAPPA, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 24.03.2021 PASSED IN RA.No.5002/2019 (OLD No.23/2017) ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE, TUMAKUR, SITTING AT MADHUGIRI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.04.2017 PASSED IN OS No.83/2010 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KORATAGERE,
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL JUDGMENT
Sole appellant/defendant died on 02.07.2023.
Accordingly, appeal stands abated.
Sd/(E.S.INDIRESH) JUDGE
CHS List No.: 1 Sl No.: 4
1 provisions across 1 enactments
SRI BHEEMAIAH
SRI HANUMANTHARAYAPPA
SRI VENKATARAVANAPPA
E.S.INDIRESH
As recorded by the court registry
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