Second appeal dismissed as abated on the sole appellant's death; no steps taken to bring legal representatives on record and appellant's counsel reported no instructions. Decides nothing of general application.
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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. 558 OF 2014 (DEC/INJ)
BETWEEN:
P.M.KALLAPPA, S/O P.R.MALLIKARJUNAPPA, AGED ABOUT 43 YEARS, AGRICULTURIST, SAPTHAGIRI NILAYA, B.L.GOWDA LAYOUT, 7TH CROSS, KELAGOTE, CHITRADURGA - 577 501.
…APPELLANT
(BY SRI PATEL D. KAREGOWDA., ADVOCATE)
AND:
ALL ARE AGRICULTURISTS R/O MALAMAIAHNA HATHY - 577 522 NAYAKANAHATTI HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT.
W/O G.E.ESHWARAPPA, AGED ABOUT 45 YEARS, AGRICULTURIST, R/O CHIKKASIDDAVVANAHALLI-572 143, BURJUNROPPA HOBLI, INGADALA HOBLI, HIRIYUR TALUK, CHITRADURGA DISTRICT.
…RESPONDENTS
(BY SRI D.R.RAJASHEKARAPPA, ADVOCATE FOR R1 TO R6)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 01.01.2014 PASSED IN R.A.NO.9/2013 ON THE FILE OF THE COURT OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE, AT CHITRADURGA, DISMISSING THE APPEAL AGAINST THE JUDGMENT AND DECREE DATED 17.11.2012 PASSED IN O.S.NO.3/2012 ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE, CHALLAKERE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:6494 RSA No. 558 of 2014
JUDGMENT
Learned counsel for respondents has filed a memo reporting death of sole appellant on 13.12.2017 along with death certificate. Till date steps are not taken.
Learned counsel for appellant submits that he has no instructions.
Hence, appeal is dismissed as abated.
Sd/JUDGE
MKM
1 provisions across 1 enactments
P.M.Kallappa
P.R.Mallikarjunappa
P.M.Shivanna
P.M.Chandrashekaramma
P.M.Nagaraj
P.M.Gangamma
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
