The Asst. Executive Engineer v. B Srikantachari
Case brief
What is this about?
RSA 350/2021 Karnataka HC Bengaluru; Justice H.P.Sandesh; appeal dismissed as abated; sole respondent B Srikantachari died ('party dead'); appellants (Asst. Executive Engineer PWD Gubbi; Government of Karnataka) failed to substitute legal representatives despite time granted on 15.11.2021; filed under Section 100 CPC against judgment/decree dated 30.03.2019 in R.A.No.49/2016, Additional Senior Civil Judge and JMFC, Gubbi; Tumakuru district; abatement of appeal; no substantive holding.
What did the court decide?
Since the sole respondent died, notice was returned endorsed 'party dead', and the appellants' counsel failed to take steps to bring the legal representatives of the deceased sole respondent on record despite time granted on 15.11.2021, the appeal stands dismissed as abated. ¶¶27