Shankarnarayana Borker v. Ramachandra Borker
Case brief
What is this about?
Shankarnarayana Borker v. Ramachandra Borker & Ors., RSA No. 2234 of 2017 (MON), High Court of Karnataka at Bengaluru, decided 25.07.2025 by Ashok S. Kinagi, J. RSA under Section 100 CPC against judgment and decree dated 30.06.2017 in R.A.No. 39/2015 (Addl. Senior Civil Judge and JMFC, Puttur Taluk, D.K.), which had allowed the appeal and set aside the judgment and decree dated 11.09.2015 in O.S.57/2015 (Addl. Civil Judge and JMFC, Puttur). Counsel for the appellant submitted that the appellant passed away about five years back leaving no legal representatives and that the appeal abated by operation of law; the court recorded the submission and dismissed the appeal as abated. Keywords: abatement, death of appellant, no legal representatives, dismissed as abated, Puttur, Dakshina Kannada.
What did the court decide?
On the recorded submission that the sole appellant died about five years back leaving no legal representatives and that the appeal abated by operation of law, the Regular Second Appeal is dismissed as abated.