Nataraja vs P Sumithra
2022 Latest Caselaw 9761 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 27TH DAY OF JUNE, 2022

                          BEFORE

  THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

            R.F.A.NO.1913 OF 2006 (INJ)
BETWEEN
NATARAJA
S/O NAGAPPA,
AGED ABOUT 45 YEARS,
R/O UTHARAHALLI,
BANGALORE - 560 061.
                                          ...APPELLANT
(BY SRI. CHANDAN S RAO, ADVOCATE)

AND

1. P. SUMITHRA
   D/O PADDAPPA,
   AGED ABOUT 37 YEARS,
   R/O BEGUR VILLAGE, BEGUR HOBLI,
   BANGALORE SOUTH TALUK,

  REPRESENTED BY HER GPA HOLDER
  B.R. RAMANATH,
  S/O RAMA IYENGAR,
  AGED ABOUT 49 YEARS,
  NO.227, 68TH CROSS (UPSTAIRS),
  V BLOCK, RAJAJINAGAR,
  BANGALORE - 560 010.

2. SMT. GOWRAMMA,
   D/O LATE HANUMAIAH,
   AGED ABOUT 60 YEARS,

3. SRI.H. MUNIYAPPPA,
   S/O LATE HANUMAIAH,
   AGED ABOUT 58 YEARS,

4. SMT.B.V. PADMAVATHI,
                           2

  W/O LATE KARIYAPPA,
  AGED ABOUT 55 YEARS,

5. SRI.H.SRINIVASA,
   S/O LATE HANUMAIAH,
   AGED ABOUT 40 YEARS,

6. SMT.LALITHAMMA,
   D/O LATE HANUMAIAH,
   AGED ABOUT 41 YEARS,

7. SMT.VASANTHA,
   D/O LATE MUNIYAPPA,
   AGED ABOUT 35 YEARS,

8. SMT.VENKATAMMA,
   D/O LATE HANUMAIAH,
   AGED ABOUT 45 YEARS,

9. SMT.MANJULA,
   D/O LATE HANUMAIAH,
   AGED ABOUT 46 YEARS,

10.SMT.JAYAMMA,
   D/O LATE HANUMAIAH,
   W/O LATE MUNIYAPPA,
   AGED ABOUT 38 YEARS,

RESPONDENTS 2 TO 10 ARE RESIDING AT
SUBRAMANAYAPURA AT & POST,
UTTARAHALLY HOBLI,
BENGALURU SOUTH.

11.SMT.CHINMUTHAMMA,
   AGED ABOUT 70 YEARS,
   D/O LATE G.THIMMAIAH,
   W/O VENKATESHAPPA,
   RESIDING AT UTTARAHALLY,
   BENGALURU SOUTH TALUK.
                                      ...RESPONDENTS

(BY SRI. NAGAIAH, ADVOCATE FOR C/R1;
    SRI. T N VISHWANATH, ADVOCATE FOR PROPOSED
         RESPONDENTS ON IA 1/08)
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      THIS APPEAL IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGEMENT AND DECREE DT.11.08.2006
PASSED IN O.S.NO.464/2003 ON THE FILE OF THE V ADDL.CITY
CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DECREEING
THE SUIT FOR PERMANENT INJUNCTION.

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

                         JUDGMENT

On instructions, learned counsel for the appellant

submits that the sole appellant expired on 29.03.2017.

Submission is placed on record.

Appeal is dismissed as abated reserving liberty in

favour of legal representatives of the deceased appellant to

seek revival of the appeal, if so advised.

Sd/-

JUDGE cbc