Smt Deveeramma vs Sri R S Basavaraj
2021 Latest Caselaw 3107 Kant

                         1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 4TH DAY OF AUGUST 2021

                     BEFORE

       THE HON'BLE MR. JUSTICE E.S.INDIRESH

             R.S.A. No.2304/2006 (PAR)

BETWEEN:

SMT. DEVEERAMMA
W/O LATE SIDDALINGASHARMA
AGED ABOUT 90 YEARS
R/AT RAJANAKUNTE VILLAGE
HESARAGHATTA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560 113.

REPRESENTED BY GPA HOLDER
SRI.LOKESH SHARMA R

                                         ... APPELLANT
(BY SRI M. SHIVAPRAKASH, ADVOCATE)

AND:

SRI. R.S.BASAVARAJ
SINCE DEAD BY LR'S

1(a) SMT.MEENAKSHAMMA
W/O LATE R.S.BASAVARAJ
AGED ABOUT 68 YEARS
R/AT NO.1119, AVALAHALLI MAIN ROAD
SRINAGAR
BENGALURU-560 050

1(b) SRI. DEVARAJ
S/O LATE BASAVARAJ
AGED ABOUT 48 YEARS
R/AT NO.1119, AVALAHALLI MAIN ROAD
SRINAGAR
BENGALURU-560 050
                         2


1(c) SRI.NAGARAJ
S/O LATE R.S.BASAVARAJ
AGED ABOUT 45 YEARS
R/AT NO.1119, AVALAHALLI MAIN ROAD
SRINAGAR
BENGALURU-560 050

1(d) SMT.SANDHYA
D/O LATE R.S.BASAVARAJ
AGED ABOUT 40 YEARS
R/AT NO.1119, AVALAHALLI MAIN ROAD
SRINAGAR
BENGALURU-560 050

2. SMT.SUSHEELAMMA
W/O SRI.REVANNA
D/O LATE SIDDALINGASHARMA
AGED ABOUT 66 YEARS
R/AT RAJANAKUNTE VILLAGE
HESARAGHATTA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560 113

3. SMT.BASAMMA
W/O LATE NANJUNDAIAH
D/O LATE SIDDALINGASHARMA
AGED ABOUT 65 YEARS
R/AT MARAMDALLI
DHARMAPURI DISTRICT
TAMIL NADU - 636 701

4. SMT.SAROJAMMA
W/O R.S.SHIVAKUMAR
AGED ABOUT 60 YEARS
WORKING AS ATTENDER
BOWRING HOSPITAL
SHIVAJINAGAR
BENGALURU - 560 002

                                  ... RESPONDENTS
(BY SMT. NALINA.K, ADVOCATE FOR
SRI.S.K.VENKATA REDDY, ADVOCATE FOR R1(B);
NOTICE TO R4 IS HELD SUFFICIENT
V/O DATED 11/12/2012;
                             3


R1 (A)-SERVED:
APPEAL ABATED AS AGAINST R1 (C)
V/O DATED 7/1/2021;
R1(D), R2, R3 - SERVED)

      THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED: 5.6.2006
PASSED IN R.A.NO.44/2000 ON THE FILE OF THE DISTRICT
& SESSIONS JUDGE & PRESIDING OFFICER, FAST TRACK
COURT NO.V, BENGALURU RURAL DISTRICT, BENGALURU,
DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED:31.1.2000 PASSED IN
OS.NO.316/1995 ON THE FILE OF THE ADDL. CIVIL JUDGE
(JR. DN.), BENGALURU (R) DISTRICT, BENGALURU.

     THIS R.S.A. COMING ON FOR ORDERS THIS DAY,
THE COURT, DELIVERED THE FOLLOWING:


                     JUDGMENT

On 16.04.2021, this Court has ordered that the

appellant has died and accordingly, two weeks time was

granted to take steps insofar as deceased appellant.

2. Even on today, no representation has been

made on behalf of the appellant.

3. In view of the same, the appeal is abated.

Sd/-

JUDGE

NBM