Smt Vijay Lakshmi vs Sri S J Pavan Kumar
2022 Latest Caselaw 2918 Kant

                            1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 21ST DAY OF FEBRUARY, 2022

                       BEFORE

         THE HON'BLE MR. JUSTICE M.I.ARUN

                EX.FA. NO.1 OF 2020
BETWEEN:

SMT. VIJAY LAKSHMI
W/O N.K.PEMMAIAH
AGED ABOUT 71 YEARS
R/AT VALNOOR THYAGATHUR VILLAGE
KUSHALNAGAR HOBLI, SOMWARPET TALUK
KODAGU DISTRICT - 570 201                ... APPELLANT
(BY SRI.V.SRINIVAS, ADV.)

AND:

1.     SRI. S.J.PAVAN KUMAR
       S/O S.M.JAYASHANKAR
       AGED ABOUT 35 YEARS
       R/O ROSLAND ESTATE
       VALNOOR THYAGATHUR VILLAGE
       KUSHALNAGAR HOBLI
       SOMWARPET TALUK
       KODAGU DISTRICT - 570 201

2.     SRI. GEORGE JULIAR RAESH
       S/O JULIER JAYKAR
       AGED ABOUT 45 YEARS
       SRI RAMA ESTATE
       VALNOOR THYAGATHUR VILLAGE
       KUSHALNAGAR HOBLI
       SOMWARPET TALUK
       KODAGU DISTRICT - 570 201  ... RESPONDENTS

(BY SRI. PUNDIKAI ISHWARA BHAT, ADV. FOR R-1;
    SRI. G.M.ANANDA, ADV. FOR R-2)
                               2


      THIS EXECUTION FIRST APPEAL IS FILED UNDER
CHAPTER VI(1)(b) OF HIGH COURT RULES READ WITH
ORDER 21 RULE 106 OF CODE OF CIVIL PROCEDURE
AGAINST THE ORDER DATED 27.04.2019 PASSED ON IA
NO.II IN E.P.NO.52/2012 ON THE FILE OF THE SENIOR CIVIL
JUDGE AT MADIKERI, DISMISSING IA NO.II FILED UNDER
ORDER 21 RULE 97 AND 99 OF CPC.
     THIS EXECUTION FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                         JUDGMENT

The learned counsel for the appellant submits that

the appellant died on 06.08.2021. He has filed a memo

dated 21.02.2022 along with the death certificate. He

further submits that respondent no.2 is the sole legal

representative and the question of bringing anybody else

as legal representative of the deceased appellant does not

arise.

For the aforementioned reason, without going into

whether the appeal is maintainable or not, the appeal

stands abated.

Sd/-

JUDGE

hkh.