Sri B C Rudraiah vs Vijaya Kumar
2021 Latest Caselaw 1397 Kant

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 25TH DAY OF JANUARY, 2021

                              BEFORE

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

         REGULAR SECOND APPEAL NO.476 OF 2014

Between:

Sri B C Rudraiah
S/o Sri Channaveeraiah
Aged about 74 years
R/o Beerenahalli Village
Hiriyur Taluk.
Represented by his power of
Attorney Holder
Sri B R Veerabhadraiah
S/o Sri B C Rudraiah
Aged about 51 years
R/o Beerenahalli Village
Hiriyur Taluk-577 546.

                                                    ...Appellant
(by Shri Nagaraja M., Advocate)

And:

       1. Vijaya Kumar
          S/o late Vedamurthy
          Aged about 25 years

       2. Anitha
          D/o late Vedamurthy
          Aged about 23 years

       3. Anusuyamma
                                  2




          W/o late Vedamurthy
          Aged about 49 years

          All are Residents of
          Kottige Village
          Hiriyur Taluk,
          Chitraduga District-577 546.

                                                        ...Respondents
(by Shri Thontadharya, R.K., Advocate)

        This Regular Second Appeal is filed under Section 100 read
with Order XLII Rule I of the Code of Civil Procedure against the
judgment and decree dated 12.12.2013 passed in RA.No.35 of
2012 on the file of the Principal District and Sessions Judge,
Chitradurga, Dismissing the appeal filed against the judgment
and decree dated 02.04.2012 passed in OS.No.5 of 2010 on the
file of the Senior Civil Judge, Hiriyur.

      This appeal coming on for further hearing, this day, the
Court delivered the following:

                         JUDGMENT

Heard Shri Nagaraju N, learned counsel for the appellant

and Shri Thontadharya, R.K., learned Counsel appearing for the

respondents No.1 to 3.

2. Learned counsel appearing for the respondents

submitted that the sole appellant died on 02nd October, 2017.

Though legal representatives of the deceased appellant has to be

brought on record with the stipulated time, however, no steps

have been taken. Learned counsel for the appellant has not

disputed the submission made by the learned counsel for

respondents with regard to the death of the sole appellant on

02nd October, 2017,

3. Learned counsel for the appellant submitted that he

made all the efforts to contact the legal representatives of the

deceased, however, in vain. In that view of the matter, the

appeal is dismissed as having become abated.

Sd/-

JUDGE

lnn