Sri. Nanjundaswamy Vs Sri. Rangashetty — Karnataka HC (2026) — LawSathi Research

Sri. Nanjundaswamy Vs Sri. Rangashetty — Karnataka HC (2026) — LawSathi Research

NC: 2026:KHC:25518 RSA No. 1409 of 2017 C/W RSA No. 1410 of 2017 RSA No. 1411 of 2017

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1409 OF 2017 (INJ)

C/W

REGULAR SECOND APPEAL NO. 1410 OF 2017 REGULAR SECOND APPEAL NO. 1411 OF 2017

IN RSA No. 1409/2017

BETWEEN:

SRI. NANJUNDASWAMY S/O MADASHETTY AGED ABOUT 51 YEARS, R/AT CHANNIPURADAMOLE, CHAMARAJANAGAR - 571 313

…APPELLANT

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

(BY SRI. YASHWANTH NETHAJI N.T., ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE AND SRI. K.N. NITISH, ADVOCATE)

AND:

SRI. RANGASHETTY S/O RANGASHETTY, AGED ABOUT 65 YEARS, R/AT CHANNIPURADAMOLE, CHAMARAJANAGAR - 571 313

…RESPONDENT

2 - NC: 2026:KHC:25518 RSA No. 1409 of 2017 C/W RSA No. 1410 of 2017 RSA No. 1411 of 2017

HC-KAR

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.04.2017 PASSED IN R.A.NO.35/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.11.2006 PASSED IN O.S.NO.75/1999 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC, CHAMARAJANAGAR.

IN RSA NO. 1410/2017

BETWEEN:

SRI. NANJUNDASWAMY S/O MADASHETTY, AGED ABOUT 51 YEARS, R/AT CHANNIPURADAMOLE, CHAMARAJANAGAR-571 313

...APPELLANT

(BY SRI. YASHWANTH NETHAJI N.T., ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE AND SRI. K.N. NITISH, ADVOCATE)

AND:

SRI. RANGASHETTY S/O RANGASHETTY, AGED ABOUT 68 YEARS, R/AT CHANNIPURADAMOLE, CHAMARAJANAGAR - 571 313

...RESPONDENT

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 3.4.2017 PASSED IN RA NO.77/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR, ALLOWING

3 - NC: 2026:KHC:25518 RSA No. 1409 of 2017 C/W RSA No. 1410 of 2017 RSA No. 1411 of 2017

HC-KAR

THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.11.2006 PASSED IN OS NO.75/1999 ON THE FILE OF THE ADDL. CIVIL JUDE (JR.DN) AND JMFC, CHAMARAJANAGAR.

IN RSA NO. 1411/2017

BETWEEN:

SRI. NANJUNDASWAMY S/O MADASHETTY, AGED ABOUT 44 YEARS, R/AT CHANNIPURADAMOLE, CHAMARAJANAGAR-571313

...APPELLANT

(BY SRI. K.V. NARASIMHAN, ADVOCATE)

AND:

SRI. RANGASHETTY S/O RANGASHETTY, AGED ABOUT 65 YEARS, R/AT CHANNIPURADAMOLE, CHAMARAJANAGAR-571 313

...RESPONDENT

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD 03.04.2017 PASSED IN R.A.NO.77/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM., CHAMARAJANAGAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 30.11.2006 PASSED IN OS.NO.75/1999 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

1. Sri. Yashwanth Nethaji N.T., counsel appearing for Sri. K.V. Narasimhan, learned counsel for the appellant would submit that despite best efforts, appellant is not cooperating to take necessary steps to bring the legal representatives of the deceased sole respondent on record.

2. Sole respondent said to have died on

09.11.2020.

3. Appeals stood abated by operation of law after the period of ninety days from 09.11.2020.

4. Accordingly, the appeals stand dismissed for

non prosecution.

Sd/(V SRISHANANDA) JUDGE

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