Dismissed¶51

Sri. N. Mallaiah v. Nanjemariyappa S/O Late Nanjemariyappa

Karnataka HC12 Aug 2025RSA/1370/2013

Case brief

AI extract

What is this about?

Abatement of regular second appeal on death of sole appellant without bringing legal representatives on record; High Court of Karnataka, Bengaluru; RSA No. 1370 of 2013 (PAR); N. Mallaiah v. Nanjemariyappa (since dead, by LRs) and others; arises from O.S.No.241/2000 and R.A.No.97/2011, Malur courts, Kolar District; filed under S.100 CPC; appeal dismissed as abated; NC: 2025:KHC:31146; judge: Anant Ramanath Hegde.

What did the court decide?

The sole appellant died and steps were not taken to bring his legal representatives on record; consequently, the appeal is dismissed as abated. ¶51

Sri. N. Mallaiah Vs Nanjemariyappa S/O Late Nanjemariyappa — Karnataka HC (2025) — LawSathi Research

¶1

NC: 2025:KHC:31146 RSA No. 1370 of 2013

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 12^TH DAY OF AUGUST, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1370 OF 2013 (PAR)

¶8

BETWEEN:

¶9

SRI. N. MALLAIAH, S/O NANJEMARIYAPPA, AGED ABOUT 73 YEARS, R/AT DOOR NO.488/3, POLICE STATION ROAD, KRISHNARAJAPURAM, BANGALORE.

¶10

…APPELLANT

¶11

(BY SRI. G.B.MANJUNATHA., ADVOCATE)

¶12

AND:

¶13

NANJEMARIYAPPA

¶14

Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

¶15

S/O LATE NANJEMARIYAPPA, SINCE DEAD BY HIS LRS

¶16

MALLAMMA, a) W/O LATE NANJEMARIYAPPA, R/O NANGALI VILLAGE, MULBAGAL TALUK, KOLAR DISTRICT.

¶17

b) PUTTAKKAIHAMMA, W/O PUTTAPPA, AGED ABOUT 61 YEARS, R/O KORACHANUR VILLAGE, KASABA HOBLI,

¶18

MALUR TALUK, KOLAR DISTRICT – 563 130.

¶19

2 - NC: 2025:KHC:31146 RSA No. 1370 of 2013

¶20

HC-KAR

¶21

c) PUTTAMMA, W/O NANJUNDAIAH, AGED ABOUT 58 YEARS, MARUTHI EXTENSION, MALUR – 563 130, KOLAR DISTRICT.

¶22

SMT. RATHNAMMA @ DODDAMOOGANNA, AGED ABOUT 58 YEARS, R/O KAMBLIPURA VILLAGE, KASABA HOBLI, MALUR TALUK – 563 130, KOLAR DISTRICT.

¶23

PUTTAPPA @ APPAJAPPA, S/O LATE DODDANANJAPPA, AGED ABOUT 78 YEARS, R/O KORACHANUR VILLAGE, KASABA HOBLI, MALUR TALUK – 563 130, KOLAR DISTRICT.

¶24

NANJAMARIYAPPA, S/O LATE AKKAYAMMA THROUGH PUTTAPPA @ APPAJAPPA, AGED ABOUT 58 YEARS, R/O KORACHANUR VILLAGE, KASABA HOBLI, MALUR TALUK – 563 130, KOLAR DISTRICT.

¶25

NAGARAJ,

¶26

S/O LATE AKKAYAMMA AND PUTTAPPA @ APPAJAPPA SINCE DEAD BY LRS

¶27

CHANDRAMMA,

¶28

a) W/O LATE NAGARAJ, AGED ABOUT 43 YEARS,

¶29

3 - NC: 2025:KHC:31146 RSA No. 1370 of 2013

¶30

HC-KAR

¶31

b) KUMARI ANITHA, D/O LATE NAGARAJ, AGED ABOUT 27 YEARS,

¶32

c) KUMARI SWETHA, D/O LATE NAGARAJ, AGED ABOUT 25 YEARS,

¶33

d) MASTER LOKESH, S/O LATE NAGARAJ, AGED ABOUT 21 YEARS,

¶34

ALL ARE R/AT KORACHANUR VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT – 563130.

¶35

NANJAPPA, S/O LATE AKKAYAMMA AND PUTTAPPA @ APPAJAPPA, AGED ABOUT 41 YEARS, RESPONDENT 5(a), (b), (c), (d) AND 6 ARE R/AT KORACHANUR VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT.

¶36

GOWRAMMA, AGED ABOUT 45 YEARS, R/O DODDAIGGALUR VILLAGE, KOLAR DISTRICT.

¶37

ROOPA, W/O VISHWANATH, AGED ABOUT 38 YEARS, R/O VELLISANDI VILLAGE, DONDAGANAPALLI POST, KRISHNAGIRI DISTRICT, TAMIL NADU.

¶38

¶39

NC: 2025:KHC:31146 RSA No. 1370 of 2013

¶40

HC-KAR

¶41

…RESPONDENTS

¶42

(R1(a), R3, R4, R5(a) TO R5(d), R6 & R8 ARE SERVED;

¶43

R1(b) AND HER LRs – APPEAL ABATED VIDE COURT ORDER DATED 04.02.2020;

¶44

R1(c) – SERVICE OF NOTICE IS DISPENSED WITH VIDE COURT ORDER DATED 04.08.2025; R7 – SERVICE OF NOTICE IS HELD SUFFICIENT VIDE COURT ORDER DATED 04.02.2020)

¶45

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 29.5.2013 PASSED IN R.A.NO.97/2011 ON THE FILE OF SENIOR CIVIL JUDGE, MALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.9.2007 PASSED IN OS.NO.241/2000 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.), MALUR.

¶46

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶47

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

¶48

ORAL JUDGMENT

¶49

It is submitted that the sole appellant died. Steps are not

¶50

taken to bring his legal representatives on record. In view of

¶51

the same, Appeal is dismissed as abated.