Sri. Venkatesh v. Sri. Vimal Kishore
Civil Procedure – Abatement of appeal – Death of sole respondent
Case brief
What is this about?
Abatement of appeal; death of sole respondent on 18.07.2023; failure to file application to bring legal representatives within almost two years; appellant unrepresented at hearing; RFA No. 962 of 2016 (MON) under Order XLI Rule 1 read with Section 96 CPC 1908; High Court of Karnataka at Bengaluru; Jyoti Mulimani J.; oral judgment dated 03.06.2025; appeal abates by operation of law.
What did the court decide?
By operation of law, the appeal stands abated because the application to bring the legal representatives of the deceased sole respondent was not filed even after almost two years from his death. ¶24