Regular second appeal in a partition suit could not proceed because the sole respondent had died and no legal representatives were brought on record despite efforts. The High Court dismissed the appeal as abated by operation of law.
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 14TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1863 OF 2009 (PAR)
BETWEEN:
AGED ABOUT 70 YEARS,
AGED 65 YEARS,
SINCE DEAD BY HER LEGAL REPRESENTATIVES APPELLANT NO.1 AND RESPONDENT
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT KIKKERI, KRISHNARAJAPET TALUK MANDYA DISTRICT-571404
…APPELLANTS (BY SRI K V NARASIMHAN AND SRI KEMPEGOWDA, ADVOCATES)
AND:
SRI DEVARAJU
S/O LATE CHANNAVEEREGOWDA @ PAPEGOWDA AGED ABOUT 59 YEARS, LECTURER, GOVT. JUNIOR COLLEGE, KRISHNARAJAPET,
MANDYA DISTRICT -571404
…RESPONDENT
(BY SRI G S BHAT, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD 16.11.2009 PASSED IN R.A.NO.55/2008 ON THE FILE THE ADDL. DISTRICT JUDGE, MANDYA, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 26.3.2008 PASSED IN O.S.NO.147/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., K.R.PET.
THIS RSA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Sole respondent said to have died on 14.05.2022. Till today, no steps are taken.
Mis. M.L. Kruthika, appearing on behalf of Sri K.V. Narasimhan, learned counsel for the appellant submits that despite the best efforts, she could not get the information of the proposed legal representatives of sole respondent. Placing her submission on record, the appeal stands dismissed as abated by operation of law.
Sd/JUDGE
MR
List No.: 2 Sl No.: 1
1 provisions across 1 enactments
Sri Bhadregowda S/o Late Channaveeregowda @ Papegowda
Smt. Lakshmamma W/o Bhadregowda
Smt. Giriyamma W/o Late Channaveeregowda @ Papegowda
Sri Devaraju S/o Late Channaveeregowda @ Papegowda
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
