The Karnataka High Court abandoned encouragement to grant time for bringing legal representatives. The court held the regular second appeal abated by operation of law as the sole respondent died three years prior without any application to bring heirs on record despite earlier notice.
None; appeal dismissed due to abatement.
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 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 243 OF 2018 (PAR)
BETWEEN:
BHARATH EARTH MOVERS, EMPLOYEES' HOUSING CO-OPERATIVE SOCIEITY LTD., BHARAT NAGAR, BEML NAGAR, PO: K.G.F-563 115. REPRESETNED BY ITS PRESIDENT, SRI. B.S.VENKOBA RAO.
…APPELLANT
(BY SRI. GOWTHAM.V.GOWDA., ADVOCATE FOR SRI. B.S.GAUTHAM., ADVOCATE)
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
SRI. T.G.RAVI S/O GOVINDAN, AGED 53 YEARS, RESIDENT OF 1ST CROSS ROAD, GOWTHAM NAGAR-563 115. ROBERTSONPET, K.G.F.
…RESPONDENT
(BY SRI. P.RAGHAVAN., ADVOCATE FOR C/R)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECOND APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
NC: 2024:KHC:44216 RSA No. 243 of 2018
ORAL ORDER
Sri.Gowtham V.Gowda., counsel on behalf of
Sri.B.S.Gautham., for the appellant has appeared in person.
Counsel submits that short accommodation may be granted to bring the legal representatives of deceased sole respondent on record.
This Court is not inclined to grant time. The reason is plain. As could be seen from the appeal papers, counsel for the respondent has filed a memo reporting the death of sole respondent by furnishing the copy of the death certificate back in the year 2022 i.e., on 13.10.2022. The death certificate reflects that the respondent has died on 05.05.2021. Now we are in the month of November 2024. It’s been three years, the application to bring the legal representatives of deceased sole respondent is not filed. By operation of law, the Regular Second Appeal abates .
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 2 Sl No.: 4
1 issue framed by the court
Whether the regular second appeal abated due to the death of the sole respondent three years after notice of death was filed without application to bring legal representatives on record.
Bharath Earth Movers Employees Housing Co-operative Society Ltd.
Sri. T.G.Ravi
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
