The High Court of Karnataka dismissed a Regular Second Appeal as abated, following the death of the sole respondent recorded in a memo filed by counsel.
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 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 9 OF 2014 (DEC/INJ)
BETWEEN:
K. NAGAPPA, S/O DODDA NAGAPPA, AGED ABOUT 74 YEARS, R/AT KONANAKURIKE VILLAGE, NIDAGAL HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT - 572 101.
…APPELLANT
(BY SRI. HARISH H V., ADVOCATE)
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
K. HANUMANTHARAYAPPA, S/O LATE KARIYAPPA, AGED ABOUT 69 YEARS, R/AT KONANAKURIKE VILLAGE, NIDAGAL HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT - 572 101.
…RESPONDENT
(BY SRI. CHITHAPPA, ADVOCATE (ABSENT))
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 27.4.2013 PASSED IN R.A.NO.35/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, ITINERARY COURT AT PAVAGADA, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED
NC: 2024:KHC:5808 RSA No. 9 of 2014
21.1.2006 PASSED IN OS.NO.323/2000 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., PAVAGADA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
A memo was filed by learned counsel for respondent
stating that sole respondent died on 05.10.2022 and same was recorded and time was granted on 02.08.2023, till date steps are not taken.
Hence, appeal is dismissed as abated.
SD/JUDGE
MKM
K. Nagappa
K. Hanumantharayappa
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
