Regular second appeal under Section 100 CPC against concurrent decrees in a suit. Counsel reported death of the sole respondent with a death certificate; no steps taken to bring legal representatives on record. Appeal was dismissed as abated.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 459 OF 2014 (INJ)
BETWEEN:
SMT. SIDDAMMA, W/O NINGEGOWDA, AGED ABOUT 54 YEARS, RESIDING AT MARALAGALA VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK. REPRESENTED BY HER GPA HOLDER SMT. SHAMALA, W/O SRI. SOMASHEKAR, AGED ABOUT 30 YEARS, R/AT #97, G KALIDASA ROAD, V.V. MOHALLA, MYSORE - 570 001.
…APPELLANT
Digitally signed by MOHANKUMAR M Location: High Court of Karnataka
(BY SRI MAHANTESH T.S., ADVOCATE)
AND:
SATHEESH, S/O K. JAVAREGOWDA, AGED ABOUT 38 YEARS, R/O MARIGUDI STREET, ARAKERE, SRIRANGAPATNA TALUK - 571 438, MANDYA DISTRICT - 571 415. …RESPONDENT
(BY SRI V.N.MADHAVA REDDY., ADVOCATE)
NC: 2024:KHC:6493 RSA No. 459 of 2014
THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 18.6.2013 PASSED IN R.A.NO.22/2010 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, SRIRANGAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 3.2.2010 PASSED IN OS.NO.230/2006 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., SRIRANGAPATNA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant has filed a memo reporting death of sole respondent on 22.05.2019 along with death certificate. Till date steps are not taken.
Hence, appeal is dismissed as abated.
Sd/JUDGE
MKM
1 provisions across 1 enactments
Smt. Siddamma
Satheesh
Ravi V Hosmani
As recorded by the court registry
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