Dismissed¶36

Smt Padma Prasanna v. Sri Devaraj Pande

Karnataka HC20 Nov 2025RSA/734/2015

Case brief

AI extract

What is this about?

Abatement of Regular Second Appeal on death of sole respondent (died 28.02.2024); appellants failed to implead legal representatives despite sufficient opportunity; appeal dismissed as abated; I.A.No.1/2015 disposed as not surviving. Court: High Court of Karnataka at Bengaluru; Judge: Ashok S. Kinagi; Decided: 20.11.2025; Provision invoked: Sec.100 U/O XLI Rule-1 CPC, 1908.

What did the court decide?

The appeal stands abated by operation of law because the appellants, despite sufficient opportunity, did not take steps to bring the legal representatives of the deceased sole respondent on record. ¶34

Smt Padma Prasanna Vs Sri Devaraj Pande — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:48135 RSA No. 734 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

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REGULAR SECOND APPEAL NO. 734 OF 2015 (SP)

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BETWEEN:

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SMT PADMA PRASANNA

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W/O SRI N PRASANNA AGED ABOUT 63 YEARS R/AT NO.MA-28, BEL COLONY JALAHALLI POST BANGALORE - 560 013

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SRI N PRASANNA AGED ABOUT 60 YEARS S/O NARASIMHA MURTHY

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SINCE DECEASED REPRESENTED BY LRS.

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

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2(a) ABHIJITH.P., AGED ABOUT 29 YEARS S/O. LAT N.PRASANNA RESIDING AT NO.128/1, 6^TH BLOCK POLICE STATION RAOD, BEL LAYOUT, VIDYARANYAPURA BENGALURU NORTH BENGALURU - 560 097

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2(b) ABHISHEK.P., AGED ABOUT 29 YEARS S/O. LAT N.PRASANNA RESIDING AT NO.7, VRV ENCLAVE 1^ST FLOOR, NEAR SAMBRAM COLLEGE DODDABETTAHALLI VIDYARANYAPURA

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2 - NC: 2025:KHC:48135 RSA No. 734 of 2015

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HC-KAR

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BENGALURU NORTH BENGALURU - 560 097

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…APPELLANTS

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(BY SRI.HARSHA KUMAR GOWDA.H., ,ADVOCATE)

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AND:

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SRI DEVARAJ PANDE AGED ABOUT 45 YEARS S/O LATE K.S. PANDE R/AT NO. 605, 7^TH MAIN ROAD 3^RD STAGE, 3^RD BLOCK BASAVESHWARANAGAR BANGALORE - 560 079

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…RESPONDENT

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(BY SRI. ABHISHEK M R., ADVOCATE)

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THIS RSA IS FILED UNDER SEC.100 U/O XLI RULE-1 OF THE CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 06.01.2015 PASSED IN R.A.NO.32/2013 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BANGALURU, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 29.11.2011 PASSED IN O.S.NO.29/2004 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE BANGALORE RURAL DISTRICT, BANGALORE.

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

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NC: 2025:KHC:48135 RSA No. 734 of 2015

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HC-KAR

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

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ORAL JUDGMENT

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Learned counsel for the respondent has filed a memo on 24.07.2024 reporting the death of sole respondent, who passed away on 28.02.2024.

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Despite granting sufficient opportunity, the appellants have not taken steps to bring the legal representatives of deceased respondent. Hence, the appeal is abated by operation of law.

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3. Accordingly, the appeal is dismissed as abated.

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In view of dismissal of the appeal, I.A.No.1/2015 does not survive for consideration and the same stands disposed off.

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Sd/(ASHOK S.KINAGI) JUDGE

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List No.: 3 Sl No.: 4

Smt Padma Prasanna v. Sri Devaraj Pande

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Smt Padma Prasanna v. Sri Devaraj Pande

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