Second appeal against a first appellate decree in a suit by a wife for additional maintenance against her husband. During the appeal the husband died; since the marriage was not dissolved by divorce, the wife is his legal representative and nothing survives. The appeal was dismissed as abated.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REGULAR SECOND APPEAL NO. 693 OF 2013 (RES)
BETWEEN:
R.S. CHANDRASHEKARAIAH AGED ABOUT 85 YEARS, S/O LATE SIDDAPPA, R/O RAMANAHALLI, KANDIKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT 572 214
…APPELLANT
(BY SRI. G.S. NAVEEN KUMAR, ADVOCATE FOR SRI. S.B. MUKKANNAPPA, ADVOCATE) AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
AGED ABOUT 72 YEARS, W/O R.S. CHANDRASHEKARAIAH, R/O RAMANAHALLI, KANDIKER HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR 572 214.
NC: 2024:KHC:19515 RSA No. 693 of 2013
R/AT RAMANAHALLI, KANDIKERE HOBLI, C.N.HALLI TALUK - 572 214
…RESPONDENTS
(BY SRI. B.R. PRABHULINGA MURTHY, ADVOCATE FOR R1; R2 AND R3 SERVED AND UNREPRESENTED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 7.2.2013 PASSED IN R.A.NO.100/2008 ON THE FILE OF SENIOR CIVIL JUDGE, ITINERATE COURT, CHIKKANAYAKANAHALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.7.2008 PASSED IN OS.NO.487/1997 ON THE FILE OF CIVIL JUDGE (JR.DN.) AND JMFC, CHIKKANAYAKANAHALLI.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
WHEREFORE, the appellant prays that this Hon'ble Court may be pleased to set aside the judgment and decree dated 07.02.2013 passed by the senior Civil Judge at Chikkanayakanahalli in Regular Appeal No.100/2008 and consequently dismiss the suit filed by the respondent in O.S.No.487/1997 filed before the Civil Judge(Jr.Dn) and JMFC at Chikkanayakanahalli, to meet the ends of justice.
wife/respondent against the husband/appellant seeking
NC: 2024:KHC:19515 RSA No. 693 of 2013
for additional maintenance. During the subsistence of the above appeal, the appellant/husband has expired. The marriage between the appellant and respondent not having been dissolved by way decree of divorce, the respondent would be the legal representative of the appellant. In that view of the matter, there is nothing which would survive for consideration by this court. The
appeal stands dismissed as abated.
In view of dismissal of the main appeal, Pending I.A.s does not survive for consideration and the same is disposed of.
Sd/JUDGE
ASN List No.: 1 Sl No.: 60
1 issue framed by the court
Does the second appeal survive after the appellant-husband's death, the marriage never having been dissolved by divorce?
1 provisions across 1 enactments
R.S. Chandrashekaraih
Shivamma
Prasanna Murthy
R.B. Vishweshwaraiah
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
