Held that the regular second appeal abates by operation of law as the sole appellant died and no application to substitute legal representatives was filed within the lapse of three months.
The appeal falls by operation of law as the regular second appeal stands abated due to the death of the appellant.
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NC: 2024:KHC:45795 RSA No. 523 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 523 OF 2018 (INJ)
BETWEEN:
SRI. JAYARAMAIAH S/O LATE HANUMAPPA, AGED ABOUT 66 YEARS, R/O KOLAVANAHALLI VILLAGE, SRIRAMPURA POST, NANDI HOBLI, CHICKBALLAPUR TALUK-562 101. CHICKBALLAPUR DISTRICT.
…APPELLANT
(BY SMT. MANJULA.C., ADVOCATE FOR SRI. JAI PRAKASH REDDY.M., ADVOCATE)
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
SRI. MUNIYAPPA S/O LATE SULALAPPA, AGED ABOUT 76 YEARS, R/O KOLAVANAHALLI VILLAGE, SRIRAMPURA POST, NANDI HOBLI, CHICKKABALLAPUR TALUK-562 101. CHICKKABALLAPUR DISTRICT.
…RESPONDENT
(BY SRI. K.V.NARASIMHAN., ADVOCATE)
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 ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER:
NC: 2024:KHC:45795 RSA No. 523 of 2018
ORAL ORDER
Smt.Manjula.C., counsel on behalf of Sri.Jai Prakash
Reddy.M., for the appellant has appeared in person.
Counsel for the appellant submits that appellant has died on 09.08.2024.
The appellant died on 09.08.2024. Now we are in the month of November 2024. It’s been three months, so far an application to bring the legal representatives of deceased sole appellant is not filed. By operation of law, the Regular Second Appeal stands abates .
Sd/(JYOTI MULIMANI) JUDGE
MRP
List No.: 2 Sl No.: 2
1 issue framed by the court
Whether the regular second appeal abates due to the death of the sole appellant without filing an application to substitute legal representatives?
1 provisions across 1 enactments
SRI. JAYARAMAIAH S/O LATE HANUMAPPA
SRI. MUNIYAPPA S/O LATE SULALAPPA
JYOTI MULIMANI
As recorded by the court registry
2 orders share this CNR
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