Smt.Parvati W/O Balappa Ambiger v. Smt.Shivubai W/O Appanna Bhusnaik
Case brief
What is this about?
Abatement of appeal; death of respondent during pendency of suit; suit for partition; failure to bring legal representatives on record; Section 96 CPC; Order XLI Rule 1 & 2 CPC 1908; Suresh Chandra v. Parasram 2025 INSC 873; Karnataka High Court Dharwad Bench; RFA No. 100161 of 2018; Parvati Ambiger v. Shivubai Bhusnaik and others; dismissed as abated; O.S.No.197/2010 Principal Senior Civil Judge Athani; non-prosecution dismissal recalled 19.07.2024.
What did the court decide?
Since the appeal arises from a suit for partition and respondent No. 3 died on 13.01.2015 during the pendency of the suit, with no steps taken by the appellant to bring his legal representatives on record despite time granted, the entire appeal stands abated in view of the law laid down by the Hon'ble Supreme Court in Suresh Chandra (deceased) Thr. L.Rs. and Others v. Parasram and Other, 2025 INSC 873; accordingly, the Regular First Appeal is dismissed as abated.