Sri Mahadeva v. Sri Nagaiah
Case brief
What is this about?
Karnataka High Court (Bengaluru), RSA No. 433 of 2018 (DEC), Ashok S.Kinagi J., 06-06-2025. Second appeal under Section 100 CPC from judgment/decree dated 03.11.2017 in R.A.No.26/2014 (Senior Civil Judge & JMFC, T.Narasipura) confirming decree dated 02.08.2014 in O.S.No.82/2005 (O.S. between Mahadeva & Mallamma v. Nagaiah, Boodhahalli village, T.Narasipura taluk, Mysore district). Dismissed as abated: death of sole respondent, failure to implead his legal representatives, abatement by operation of law; I.A.No.1/2018 disposed as not surviving. No merits adjudicated; no precedents cited; useful only on abatement practice.
What did the court decide?
The appeal stands abated by operation of law because the appellants, despite being granted sufficient opportunity, did not take steps to bring the legal representatives of the deceased sole respondent on record.