Smt Sharadamma vs Bhojaraja
2022 Latest Caselaw 10354 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5TH DAY OF JULY 2022

                     BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

        R. F. A. NO.1385 OF 2010 (INJ)
BETWEEN:

1.   SMT. SHARADAMMA
     W/O LATE K.R.SUBBA RAO
     AGED ABOUT 77 YEARS


2.   S.VENKATRAM @ SHANKAR
     S/O LATE K.R.SUBBA RAO
     AGED ABOUT 56 YEARS

3.   NAGARAJ
     S/O LATE K.R.SUBBA RAO
     AGED ABOUT 53 YEARS

     ALL R/AT KACHRAKANAHALLI
     KASABA HOBLI
     BANGALORE NORTH TALUK

     REP. BY THEIR POA HOLDER RAFIQUE AHMED
     S/O LATE ABDUL REHMAN
     AGED ABOUT 56 YEARS
     R/A NO.7, LINGARAJAPURAM
     BANGALORE - 84.
                                      ...APPELLANTS

(BY SRI. SATHYANARAYAN S CHALKE, ADV.)
                                2




AND:

BHOJARAJA
S/O THAYAPPA
AGED ABOUT 64 YEARS
R/A VENKATESHAOURA
KADUGONDAHALLI
BANGALORE-45
                                                  ...RESPONDENT

(BY SRI. M.D.RAGHUNATH, ADV. )

       THIS APPEAL IS FILED UNDER U/SEC.96, AGAINST
THE JUDGMENT AND DECREE DATED 23.06.2010 PASSED
IN   OS.NO.6620/2003     ON        THE    FILE    OF    THE   XVIII
ADDITIONAL      CITY      CIVIL          JUDGE,        BENGALURU,
DISMISSING     THE      SUIT        FOR     THE        PERMANENT
INJUNCTION.


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


                        ORDER

Learned counsel for the respondent has filed a

memo dated 11.12.2020 reporting the death of sole

respondent, who died on 30.09.2020 and also

enclosed a copy of the death certificate. Inspite of it,

the appellants have not filed any applications to bring

the legal representatives of the deceased - respondent

on record within time.

Hence, by operation of law, the appeal is

dismissed as abated.

SD/-

JUDGE

ssb