Thimmaiah S/O Late Dasappa @ Dasa Bovi v. Siddalingaiah S/O Late Dasappa @ Dasa Bovi
Case brief
What is this about?
Karnataka High Court, Bengaluru; RSA No. 2706 of 2011 (DEC/INJ); Thimmaiah v. LRs of deceased Siddalingaiah (Bommenahalli/Bhadravathi, Shimoga district); second appeal under Section 100 CPC against judgment and decree dated 9.9.2011 in R.A.No.380/2009 (Fast Track Court, Bhadravathi) confirming decree dated 5.9.2009 in O.S.No.83/1998 (Civil Judge Sr.Dn & JMFC, Bhadravathi); appeal abated on death of sole appellant with no legal representatives brought on record despite notice; death certificate memo filed 25.11.2024 by respondents' counsel Mallikarjun C Basareddy; appellant's counsel G C Shanmukha; decided 10.11.2025 by Umesh M Adiga, J.; keywords: abatement, death of appellant, legal representatives, second appeal, CPC S.100.
What did the court decide?
The regular second appeal stands abated because, despite service of notice on the appellant's counsel, no steps were taken to bring the legal representatives of the deceased sole appellant on record.