Regular second appeal under Section 100 CPC against a partition-related decree was dismissed as abated because the sole appellant died on 11.10.2022 and no steps were taken to continue the appeal; no substantive legal proposition of general application is decided.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 526 OF 2014 (PAR)
BETWEEN:
NAGARAJ, S/O LATE PILLAPPA, AGED 35 YEARS, KUTHANDLAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 130.
…APPELLANT
(BY SMT.NEERAJA KARANTH, ADVOCATE FOR SRI. SHRIHARI K., ADVOCATE)
AND:
Digitally signed by MOHANKUMAR M Location: High Court of Karnataka
NO.1 TO 4 ARE RESIDING IN KUTHANDLAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT - 560 130.
…RESPONDENTS
(BY SRIYUTHS. UMESH B N & K N MANJUNATH, ADVOCATES FOR R3;
SRI.K.MANJUNATHA, ADVOCATE FOR R1 AND R4; SRI.SATHYANARAYANA M., ADVOCATE FOR R2 AND R5 TO R7)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 25.10.2013 PASSED IN R.A.NO.18/2013 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.1.2010 PASSED IN OS.NO.278/2005 ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.), KOLAR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Perusal of order sheet would reveal that death of sole appellant was recorded on 11.10.2022. Till date steps are not taken.
Hence, appeal is dismissed as abated.
Sd/JUDGE
MKM
1 provisions across 1 enactments
Nagaraj s/o Late Pillappa
P. Narayanaswamy
Nanjamma
Gopalappa
Sreedharaiah
Smt. Prema
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
