Dismissed¶¶27

Smt Pramila v. Sri Srinivasamurthy N.K

Karnataka HC22 Jul 2025RSA/2202/2016

Case brief

AI extract

What is this about?

Abatement of appeal by operation of law; death of sole respondent in January 2023; failure to bring legal representatives of deceased respondent on record within time; dismissal of Regular Second Appeal as abated; consequential disposal of interlocutory application I.A.No.1/2016; appeal under S.100 CPC; RSA No. 2202 of 2016; RA.No.104/2016 (II Addl. District Judge, Mysuru); OS. No.696/2011 (II Addl. First Civil Judge, Mysore); High Court of Karnataka, Bengaluru; decided 22 July 2025 by Justice Ashok S. Kinagi.

What did the court decide?

The sole respondent having passed away in January, 2023 and the appellant not having filed the necessary application to bring the legal representatives of the deceased respondent on record within time, the appeal is abated. ¶¶21

Smt Pramila Vs Sri Srinivasamurthy N.K — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:27735 RSA No. 2202 of 2016

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO.2202 OF 2016 (MON)

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BETWEEN:

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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SMT. PRAMILA W/O M. THYAGARAJU AGED ABOUT 55 YEARS, R/AT NO.205, III CROSS, RAILWAY BADAVANE, HEBBAL MAIN ROAD, MYSURU-570 001. DULY REPRESENTED BY HER P.A HOLDER M. THYAGARAJU S/O LATE MASILAMANI, AGED ABOUT 61 YEARS, R/AT D.NO.205, 3^RD CROSS, RAILWAY LAYOUT MAIN ROAD, VIJAYANAGAR 2^ND STAGE, MYSORE - 16. …APPELLANT (BY SRI. N. S. BHAT, ADVOCATE)

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AND:

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SRI. SRINIVASAMURTHY N.K. S/O LATE N KRISHNAPPA, AGED ABOUT 84 YEARS R/AT KANAKAMBARI ROAD, HEBBAL II STAGE, MYSURU-570 001.

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…RESPONDENT

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NC: 2025:KHC:27735 RSA No. 2202 of 2016

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HC-KAR

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THIS RSA IS FILED UNDER SEC.100 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.10.2016 PASSED IN RA.NO.104/2016 ON THE FILE OF THE II ADDL. DISTRICT JUDGE, MYSURU, IN DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.08.2015 PASSED IN OS. NO.696/2011 ON THE FILE OF THE II ADDL. FIRST CIVIL JUDGE MYSORE.

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

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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JUDGMENT

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Learned counsel for the appellant, on instructions, submits that the sole respondent passed away in January, 2023. He submits that as the appellant did not file necessary application to bring the legal representatives of deceased - respondent, the appeal is abated by operation of law and he prays to dismiss the appeal as abated.

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