Sri Nanda Kumar v. Smt. Sarojini
Case brief
What is this about?
Nullity of decree passed against dead person; respondent died during pendency of first appeal; LRs not brought on record; appeal disposed without notice; RSA allowed on joint memo; impugned judgment set aside; remand to First Appellate Court (Senior Civil Judge and JMFC, Moodabidri) to join LRs of deceased Sri Dinesh and proceed afresh; RA No.94/2023 and RA No.96/2023; OS No.143/2012; S.100 CPC; High Court of Karnataka; V Srishananda J; 30.06.2026; appearance date 20.07.2026.
What did the court decide?
Both Regular Second Appeals allowed; impugned first appellate judgment set aside and matters remitted to the First Appellate Court (Senior Civil Judge and JMFC, Moodabidri); the appellant before the First Appellate Court is at liberty to bring the legal representatives of deceased respondent No.10 (Sri Dinesh) and proceed with the appeal afresh in accordance with law; parties to appear before the First Appellate Court without further notice on 20.07.2026; pending I.As. consigned to records; parties free to make necessary applications before the First Appellate Court.