Soma Sundari Reddy W/O Late Innaya ... vs M/S Black Gold (Iron Ore) Mines And ...
2022 Latest Caselaw 3788 Kant

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           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 05TH DAY OF MARCH, 2022
                      PRESENT
       THE HON'BLE MRS.JUSTICE K.S. HEMALEKHA
               RSA NO.100250 OF 2015
BETWEEN:
1.     SOMA SUNDARI REDDY,
       80 YEARS, W/O. LATE INNAYA REDDY,
       INFANTRY ROAD, CANTONMENT,
       BALLARI-583 104.
                                            ....APPELLANT
(BY SRI. C. S. SHETTAR, ADVOCATE)
AND:
1.     M/S. BLACK GOLD (IRON ORE) MINES
       AND MINERALS COMPANY,
       D NO.37-19, GANESYH TEMPLE STREET,
       COWL BAZAAR, CB, BALLARI 583 101.
2.     A. RAJENDRA MURTHY,
       65 YEARS, S/O. A. RAMA MURTHY,
       D. NO.37-19, GANESH TEMPLE STREET,
       COWL BAZAAR, CB, BALLARI-583 101.
3.     A. AMARNATHA PRASAD,
       61 YEARS, S/O. A. RAMA MURTHY,
       D. NO.37-19, GANESH TEMPLE STREET,
       COWL BAZAAR, CB, BALLARI-583 101.
4.    A. RAVI MURTHY, 67 YEARS,
      S/O. A. RAMA MURTHY,
      D NO.37-19, GANESH TEMPLE STREET,
      COWL BAZAAR, CB, BALLARI-583 101.
                                      ....RESPONDENTS
(BY SRI. HARSH DESAI, ADVOCATE)
      THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGEMENT AND DECREE DATED.02.02.2015 PASSED IN R.A.
NO.29/2012 ON THE FILE OF THE FIRST ADDITIONAL SENIOR CIVIL
JUDGE AND BALLARI, DISMISSING THE APPEAL, AND CONFIRMING
THE JUDGMENT AND DECREE DATED.09.03.2012 AND THE DECREE
PASSED IN O.S. NO.518/2010 ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, AT BALARI,
ALLOWING THE IA NO.1 FILED BY THE DEFENDANT NO.1 TO 3 U/O.7
RULE 11 OF CPC AND REJECTING THE SUIT AS NOT MAINTAINABLE.
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      THIS APPEAL COMING ON FOR ADMISSION THIS DAY, K.S.
HEMALEKHA J., DELIVERED THE FOLLOWING:


                        JUDGMENT

The learned counsel for appellant submits that the

sole appellant/ Soma Sundari Reddy has expired long

back. In view of the death of the sole appellant the present

appeal stands abated.

Sd/-

JUDGE

PJ