Smt Kapila Saigal vs M/S Gajanana Enterprises
2021 Latest Caselaw 5583 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6TH DAY OF DECEMBER, 2021

                          BEFORE

     THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

           REGULAR FIRST APPEAL No.517 OF 2017

BETWEEN:
SMT.KAPILA SAIGAL
AGED ABOUT 46 YEARS
D/O SRI.NARENDRA RAGHUNATHADAS SAIGAL
NO.912/913, GANGAPPA TOWER, 4TH FLOOR
OUTER RING ROAD, BELANDUR
BENGALURU-560 037.
                                   ... APPELLANT
(BY SRI.IMRAN PASHA, ADVOCATE)

AND:
1.     M/S GAJANANA ENTERPRISES
       INDANE GAS DISTRIBUTORS
       30-B, 16TH MAIN ROAD, 4TH BLOCK
       KORAMANGALA, BENGALURU-560 034.
       REPRESENTED BY ITS MANAGING PARTNER
       SRI.M.A. NAIK, AGED ABOUT 75 YEARS
       S/O M.S.NAIK

2.     SRI.M.A.NAIK
       AGED ABOUT 75 YEARS
       S/O M S NAIK
       30-B, 16TH MAIN ROAD, 4TH BLOCK
       KORAMANGALA, BENGALURU-560 034.

                                      ...RESPONDENTS
       (BY SRI.GIRIDHAR H., ADVOCATE FOR R1 & R2)
                                                            RFA No. 517/2017
                                       2


      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ
WITH ORDER 41 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
07.01.2017 PASSED IN OS NO.5525/2015 ON THE FILE OF THE LIX
ADDL.CITY CIVIL AND SESSIONS JUDGE BANGALORE CITY, DECREEING
THE SUIT FOR RECOVERY OF MONEY.


      THIS    REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
                                   ORDER

Learned Counsel for the appellant is appearing through Video

Conference and he has filed a memo dated 02.12.2021 reporting the

death of the appellant on 11.05.2021.

2. A perusal of the previous order sheet would go to show

that the appellant though was imposed cost of Rs.500/- and was

given final chance to file the paper book, he has neither filed the

acknowledgement for having paid the cost nor filed the paper book in

the matter.

3. In the light of the above, the legal representatives of the

appellant were not brought on record even though the sole appellant is

said to have died on 11.05.2021. The appeal stands abated.

Simultaneously, for non-filing of the paper book, the appeal

stands dismissed for non-payment of the cost of Rs.500/-.

RFA No. 517/2017

The beneficiary which is the Legal Services Committee of this Court

is at liberty to recover the said amount from the appellant as

arrears of land revenue and in accordance with law.

In view of the disposal of the appeal, pending I.A. does not

survive for consideration and accordingly stands disposed of.

Sd/-

JUDGE

JT/-