St. Anthony Charity Institutes vs Girija Das
2021 Latest Caselaw 453 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 7TH DAY OF JANUARY, 2021

                           BEFORE

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

  MISCELLANEOUS SECOND APPEAL No.33 OF 2016

BETWEEN:

St.Anthony Charity Institutes
Jeppu, Mangaluru
Represented by its Director
Present Incumbent
Rev.Fr. Onil D'souza
Aged about 50 years
S/o Boniface D'souza
Jeppu, Mangaluru Taluk.
Pin: 575 006.
                                                 ... APPELLANT

(By Sri Yashwanth Sajjanagoudar, Advocate for
    Sri Cyril Prasad Pais, Advocate)

AND:

Girija Das
Aged about 82 years
W/o late Santhosh Kumar Das
R/at Near Shiridi Saibaba Mandir
Lady Hill, Mangaluru - 575 006.
                                                ... RESPONDENT

 (By Sri O. Shivarama Bhat, Advocate)

      THIS   MISCELLANEOUS SECOND APPEAL IS FILED UNDER
ORDER XLIII RULE 1(U) OF CPC PRAYING TO SET ASIDE THE
JUDGMENT    AND   DECREE    DATED  08.01.2016,  PASSED  IN
R.A.NO.200/2015, BY I ADDL. SENIOR CIVIL JUDGE, MANGALURU,
                                                    MSA 33/2016
                             2


DAKSHINA KANNADA AND CONSEQUENTLY CONFIRM THE JUDGMENT
AND DECREE PASSED IN O.S. NO.474/2015 BY THE I ADDL. CIVIL
JUDGE & JMFC, MANGALURU, DAKSHINA KANNADA, IN THE INTEREST
OF JUSTICE AND EQUITY.

      THIS MISCELLANEOUS SECOND APPEAL COMING ON FOR
ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Learned counsel for the appellant appearing

physically in the Court submits that he requires a short

accommodation to bring the legal representatives of

deceased respondent on record.

Perusal of the order sheets goes to show that the

reporting of the death of the respondent was made in the

Court and has come to the knowledge of the appellant as

long back as on 14.10.2019. As such, by efflux of time,

the appeal against the respondent stands abated.

In view of the fact that the respondent is the sole

respondent the appeal stands abated.

Sd/-

JUDGE sac*