In a second appeal filed under Section 100 CPC, the appellant alleged that the sole appellant expired three years ago without identifiable legal representatives. The court held the appeal abated and dismissed it.
The appeal is dismissed as abated.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REGULAR SECOND APPEAL NO. 646 OF 2015 (MON)
BETWEEN:
SHADAKSHARAIAH, AGED ABOUT 62 YEARS, S/O GADDIGAPPA, YALANADU, HULIYAR HOBLI, C.N.HALLI TALUK, TUMKUR DISTRICT - 572 201.
…APPELLANT
(BY SMT. SHRUTHI S.P., ADVOCATE FOR SRI. VINAYA KEERTHY M., ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
2. DEVIRAMMA,
AGED ABOUT 67 YEARS, W/O GADDIGAPPA, BOTH ARE R/AT YALANADU, HULIYAR HOBLI, C.N. HALLI TALUK, TUMKUR DISTRICT - 572 201.
…RESPONDENTS
(BY SRI. JAGADEESH MUNDAGI, ADVOCATE)
NC: 2024:KHC:22058 RSA No. 646 of 2015
THIS RSA IS FILED U/S. 100 R/W ORDER XLII OF CPC., AGAINST THE JUDGMENT & DECREE DATED 13.03.2015 PASSED IN R.A.NO.86/2012 ON THE FILE OF THE SENIOR CILVIL JUDGE, ITINERATE COURT, C.N.HALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DTD 7.9.2012 PASSED IN O.S.NO.287/2008 ON THE FILE OF THE ADDL. CIVIL JUDGE & JMFC., CHIKKANAYAKANAHALLI. TRAIL COURT DECREED THE SUIT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
abated.
Sd/JUDGE
PTM
List No.: 1 Sl No.: 57
1 issue framed by the court
Whether an appeal can be continued when the sole appellant has expired and legal representatives cannot be identified.
1 provisions across 1 enactments
Shadaksharaiah
Basavaraju
Deviramma
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
