Regular second appeal concerning partition where the sole appellant had died and no legal representatives were brought on record despite opportunities; the appeal, already abated, was dismissed as abated.
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NC: 2024:KHC:22196 RSA No. 497 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
REGULAR SECOND APPEAL NO. 497 OF 2013 (PAR)
BETWEEN:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
RATHI @ VARJA W/O. K.RAGHURAMA SHERVEGARA, D/O LATE PARAMESHWARA SHERVEGARA, AGED ABOUT 78 YEARS, RESIDING AT KUNJIBETTU HOUSE, BAILOOR VILLAGE, KARKALA TALUK, DAKSHINA KANNADA DISTRICT PIN-574 102.
(BY SRI. R V JAYAPRAKASH, ADVOCATE)(V/C)
AND:
…APPELLANT
SEETHARAMA SHERVEGARA S/O LATE PRAMESHWARA SHERVEGARA, AGED ABOUT 72 YEARS, RESIDING AT KENJE HOUSE, ANDAR VILLAGE, POST ANDAR, KARKALA TALUK, DAKSHINA KANNADA DISTRICT PIN-574 101
…RESPONDENT
(BY SRI. K CHANDRANATH ARIGA, ADVOCATE)
THIS RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 17.1.2013 PASSED IN R.A.NO.41/2006 ON THE FILE OF SENIOR CIVIL JUDGE & ACJM, KARKALA, AND RESTORE THE JUDGEMENT AND DECREE DATED 6.2.2006 PASSED IN OS.NO.355/1994 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.), KARKALA.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:22196 RSA No. 497 of 2013
JUDGMENT
The sole appellant is stated to have expired more than three years ago. Despite adequate opportunities have been granted, the legal representatives of the sole appellant have not been brought on record. The appeal already stood abated long back. In view of no steps having been taken, the appeal is dismissed as abated.
Sd/JUDGE
BSS List No.: 1 Sl No.: 40
1 provisions across 1 enactments
Rathi @ Varja W/o. K. Raghurama Shervegara
Seetharama Shervegara
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
