Regular first appeal against a trial court order; sole appellant died after counsel retired and notice returned unserved. The High Court dismissed the appeal as abated and closed pending interlocutory applications.
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NC: 2026:KHC:10936 RFA No. 786 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 786 OF 2018 (INJ)
BETWEEN:
B.K. RAMAMURTHY S/O. LATE KRISHNASWAM MUDALIAR AGED ABOUT 84 YEARS RESIDING AT NO.22 (NEW NO.120) BYAPPANAHALLI VILLAGE K.R. PURA HOBLI BANGALORE SOUTH TALUK BANGALORE
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
REPRESENTED BY HIS GPA SMT. NAGABHUSHANAMMA S R W/O. B.K.RAMAMURTHY AGED ABOUT 78 YEARS R/AT NO.22, (NEW NO.120) BYAPPANAHALLI VILLAGE K.R.PURA HOBLI BANGALORE SOUTH TALUK BANGALORE.
(BY SRI. B.K.RAMAMURTHY, APPELLANT (DEAD))
…APPELLANT
AND:
NC: 2026:KHC:10936 RFA No. 786 of 2018
HC-KAR
(SUIT AGAINST THIS RESPONDENT HAS BEEN DISMISSED ACCORDING TO A MEMO DATED 29.02.2012
…RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 OF CPC., PRAYING TO CALL FOR THE RECORDS OF O.S.NO.1019/1996 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE AND SET ASIDE THE ORDER DATED 09.02.2018 IN O.S.NO.1019/1996 PRODUCED HEREIN AS ANNEXURE-B AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
The Court vide order dated 03.08.2023 sent a Court
notice to the appellant, since the learned counsel
NC: 2026:KHC:10936 RFA No. 786 of 2018
HC-KAR
appearing for the appellant has filed a memo for retirement.
sole appellant returned with an endorsement "sole appellant died". Since the case filed by the sole appellant, the appeal is dismissed as abated.
closed.
Sd/(ANANT RAMANATH HEGDE) JUDGE
HJ
List No.: 1 Sl No.: 11
1 provisions across 1 enactments
B.K. Ramamurthy
A. Devaprakash
Government Higher Primary School, Old Byappanahalli Village
The State of Karnataka
The Secretary, Department of Primary Education
ANANT RAMANATH HEGDE
As recorded by the court registry
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