Sri Kukuvada Amba Bhavani Rice And ... vs Sri Sudheer
2022 Latest Caselaw 58 Kant

                         1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 3RD DAY OF JANUARY, 2022

                      BEFORE

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

            R.S.A.No.261 OF 2015 (INJ)
BETWEEN:
SRI. KUKUVADA AMBA BHAVANI
RICE AND FLOOR MILLS
CHANNGIRI,
A PARTNERSHIP FIRM
REPRESENTED BY ITS
MANAGING PARTNER,
SRI. KENCHOJI RAO,
S/O KENCHOJI RAO,
AGED ABOUT 74 YEARS,
VISL EMPLOYEE,
R/O CHANNAGIRI,
DAVANAGERE DISTRICT-577 213.
                                    ... APPELLANT
(BY SRI.G.S.BALAGANGADHAR, ADV.(ABSENT))

AND:

1.     SRI SUDHEER,
       S/O SRI S.RUDROJI RAO,
       AGED ABOUT 47 YEARS,
       EMPLOYEE OF MARATA BANK,
       NEAR KUMBARAGUNDI,
       SHIMOGA - 577 213.

2.     SRI. SUBBOJI RAO,
       S/O M.S.SIDDOJI RAO,
       AGED ABOUT 62 YEARS,
                                2
     OCC:BUSINESS,
     R/O P.W.D.ROAD,
     CHANNAGIRI - 577 213.
                                   ... RESPONDENTS
     (BY SRI. SUNIL KUMAR.H.N., ADV., FOR C/R-1)

     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 25.11.2014
PASSED IN R.A.No.45/2010 (OLD R.A.No.79/2010) ON
THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC.,
CHANNAGIRI, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 26.08.2010 PASSED
IN O.S.No.188/1992 ON THE FILE OF PRL. CIVIL JUDGE &
JMFC., CHANNAGIRI.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

A memo dated 14.07.2021 is filed stating that the

appellant has passed away. However, it is noticed that the

appellant is a partnership Firm represented by its

Managing Partner. Therefore, the question of the appellant

dying would not arise. Since, no steps are taken to ensure

the prosecution by an appropriate partner, this appeal is

dismissed for non-prosecution.

Sd/-

JUDGE GH