Sebastian Fernandes @ Thomas v. Mrs Cocess D Souza
Case brief
What is this about?
Abatement of second appeal on death of sole appellant; no legal representatives came forward; appeal abated by operation of law. Karnataka High Court, Justice Ashok S. Kinagi, 16-07-2025, RSA No. 1966 of 2013 (INJ); appellant Sebastian Fernandes @ Thomas Christian (died 2023) v. respondents Mrs. Cocess D'Souza, Spl. Land Acquisition Officer KIADB Baikampady, and MRPL; arose from R.A.No.157/2001 (decree 14.8.2013) reversing decrees dated 7.3.2001 in OS.No.618/1996 and O.S.No.620/1996, Mangalore; filed u/s 100 r/w Order 42 Rule 1 CPC.
What did the court decide?
Since the sole appellant died in 2023 and his legal representatives did not come forward to represent the appeal, the appeal is abated by operation of law. ¶¶33