Smt Meenakshamma @ Maralusiddamma v. Smt Dakshayinamma
Abatement of appeal – Death of sole appellant
Case brief
What is this about?
Keywords: abatement of second appeal; death of sole appellant; legal heirs not brought on record; Order XXII Rule 3(2) CPC; Section 100 CPC; non-substitution of legal representatives; High Court of Karnataka at Bengaluru; NC: 2025:KHC:40701; RSA No. 1751 of 2010; R.A.No.54/2006 (Presiding Officer, Fast Track Court, Bhadravathi); OS.22/2005 (Civil Judge Jr. Dn. and Addl. JMFC, Bhadravathi). Relevant when citing precedent on abatement of appeals for want of substitution of legal heirs of a deceased sole appellant.
What did the court decide?
No relief granted; the appeal stands ABATED due to the death of the sole appellant on 20.02.2021 and non-substitution of her legal heirs despite lapse of about four years, and the pending application under Order XXII, Rule 3(2) of CPC is disposed of accordingly. ¶34