Regular second appeal abated: first respondent died in August 2023 and the sole appellant died in October 2017, with no applications to bring their legal representatives on record.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:22806 RSA No. 632 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.632 OF 2010 (DEC/INJ)
BETWEEN:
SMT SUVARNAMMA W/O LATE BYRAPPA AGED ABOUT 59 YEARS, OCC:HOUSEHOLD WORK, R/OF GOPALAPURA, NEAR WATER TANK, CHITRADURGA TOWN-577 501
…APPELLANT
(BY SRI B M SIDDAPPA, ADVOCATE)
AND:
Digitally signed by MALATESH K C
Location: HIGH COURT OF KARNATAKA
RESPONDENTS 1 TO 3 ARE RESIDING AT GOPALAPURA, CHITRADURGA TOWN – 577 501.
NC: 2024:KHC:22806 RSA No. 632 of 2010
RESPONDENTS 1 TO 3 ARE RESIDENTS OF GOPALAPURA CHITRADURGA TOWN -577501.
…RESPONDENTS
(BY SRI R V JAYAPRAKASH, ADVOCATE FOR R1-R4)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 4.1.2010 PASSED IN R.A.NO.67/2009 ON THE FILE OF THE ADDL. DISTRICT & SESSIONS JUDGE, CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 30.06.2009 PASSED IN O.S.NO.55/2005 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) & CJM, CHITRADURGA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
First respondent said to have died on 24.08.2023. Memo along with death certificate is filed by learned counsel for the respondents. Till today no steps are taken to bring the legal representatives of deceased first respondent on record.
Accordingly, appeal stands dismissed as against first respondent as abated by operation of law.
Further, it is also reported that sole appellant said to have died on 03.10.2017.
NC: 2024:KHC:22806 RSA No. 632 of 2010
Since no application is filed to bring the legal
representatives of deceased appellant on record, appeal stands
dismissed as abated .
Sd/JUDGE
MR List No.: 2 Sl No.: 3
1 provisions across 1 enactments
SMT SUVARNAMMA
SMT PAPAMMA
G B BORAIAH
B GIRISH KUMAR
B RAVI
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
