T R Umesh Raj Urs vs Smt Jayamma
2021 Latest Caselaw 5955 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF DECEMBER, 2021

                        BEFORE

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

                 R.F.A.No.1971 OF 2016

BETWEEN:

T R UMESH RAJ URS
AGED ABOUT 50 YEARS,
S/O T N RANGARAJ URS
OCC: AGRICULTURIST
R/O NALLUR GATE, MARUTHI NAGRA
CHIKKAMAGALUR- 577101.             ...APPELLANT

(BY SRI V SRINIVAS, ADVOCATE)

AND:

1 . SMT. JAYAMMA
AGED ABOUT 50 YEARS
W/O PUTTAIAH
R/O HALMIDI,
BANNUR POST-573 115
BELUR TALUKA, HASSAN DIST.

2 . SHRI KRISHNAMURTHY
AGED ABOUT 26 YEARS
S/O LATE CHANDRAIAH
R/O THEGUR VILLAGE -577 101
CHIKMAGALUR TALUK.

3 . SHRI NAVEENA
AGED ABOUT 24 YEARS
S/O LATE CHANRAIAH
R/O THEGUR VILLAGE 577 101
CHIKAMAGALURU TALUK
                                   R.F.A.No.1971/2016

                              2



4 . SHRI T.C. PRASANNA
AGED ABOUT 20 YEARS
S/O CHANDRU
R/O THEGUR VILLAGE -577 101
CHIKKAMAGALURU TALUK

5 . SMT. DODDAMMA
AGED ABOUT 78 YEARS
W/O LATE HUTCHIAH
R/O THEGUR VILLAGE- 577 101
CHIKMAGALURU TALUK AND DIST.

6 . SMT. LAKSHMANMMA
AGED ABOUT 47 YEARS
W/O CHANDRAIAH
R/O THEGUR VILLAGE- 577 101
CHIKMAGALURU TALUK AND DIST.

7. CHANDRU
AGED ABOUT 40 YEARS
S/O LAE HUTCHIAH
R/O TEGUR VILLAGE -577101
CHIKMAGALUR TQ. & DIST.

8 . G RAMESH
AGED ABOUT 40 YEARS
S/O GOVINDRAJU
R/O MARKET ROAD,
CHIKKAMAGALUR- 577 101.

9 . GURURAJA NAIK
AGED 40 YEARS,
S/O GANGA NAIKA
R/O TEGUR VILALGE 577 101.
CHIKMAGALUR TALUK AND DISTRICT.

10 . PUNEET
AGED ABOUT 19 YEARS
S/O LATE PUTTASWAMY
                                               R.F.A.No.1971/2016

                                 3



R/O THEGUR VILLAGE- 577101
CHIKKAMAGALURU TALUK,

11 . POORNESH
AGED ABOUT 17 YEARS
SINCE MINOR REPRESENTED BY
SMT. DODAMMA
R/O THEGUR VILLAGE-577101
CHIKKAMAGALURU TALUK.                      ...RESPONDENTS



     THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 02.09.2016 PASSED IN OS
NO.4/2012 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL
JUDGE, CHIKKAMAGALURU, DECREEING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.

      This R.F.A. coming on for Orders, through Physical
Hearing/Video Conferencing Hearing, this day, the Court made
the following:

                           ORDER

Learned counsel for the appellant physically present and

files a memo, reporting the death of appellant about six months

back. Further submits that since he could not contact either the

appellant or his legal representatives, he is helpless in the matter

in complying the office objections and he requires certain

documents to be produced by the appellant himself.

R.F.A.No.1971/2016

In view of the above, as submitted by the learned counsel

for appellant, appeal stands abated by the death of the sole

appellant. However, the cost earlier ordered by this court on

13.07.2021 can be recovered by the beneficiary thereunder by

the execution of the said order as a civil decree.

Sd/-

JUDGE

SBN