Sri Rajanna vs Sri Narasaiah
2022 Latest Caselaw 4925 Kant

                           1
                                           RSA 2260/2011



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF MARCH, 2022

                        BEFORE

          THE HON'BLE MR.JUSTICE R.NATARAJ

 REGULAR SECOND APPEAL No.2260 OF 2011 (PAR)

BETWEEN:

1.    SRI RAJANNA
      S/O RANGASWAMAIAH,
      AGED ABOUT 36 YEARS,
      R/AT ARAKERE VILLAGE,
      KASABA HOBLI,
      TUMKUR TALUK & DISTRICT - 572 101.

2.    SMT. GANGAMMA
      D/O RANGASWAMAIAH,
      AGED ABOUT 34 YEARS,
      R/AT ARAKERE VILLAGE,
      KASABA HOBLI,
      TUMKUR TALUK & DISTRICT - 572 101.

3.    SMT. LAKSHMIDEVAMMA
      D/O RANGASWAMAIAH,
      AGED ABOUT 38 YEARS,
      R/AT ARAKERE VILLAGE,
      KASABA HOBLI,
      TUMKUR TALUK & DISTRICT - 572 101.

4.    SMT.JAYAMMA
      D/O RANGASWAMAIAH,
      AGED ABOUT 28 YEARS,
      R/AT ARAKERE VILLAGE,
      KASABA HOBLI,
      TUMKUR TALUK & DISTRICT - 572 101.
                                         ...APPELLANTS
(BY SHRI GURURAJ.R., ADVOCATE FOR
 SHRI VIGHNESHWAR S SHASTRI & ASSOCIATES)
                               2
                                                  RSA 2260/2011



AND:

1.     SRI. NARASAIAH
       S/O PUTTAIAH,
       AGED ABOUT 67 YEARS,
       R/O SIRA GATE,
       TUMKUR TOWN - 572 103.

2.     SMT. MANJULA
       D/O NARASAIAH,
       AGED ABOUT 51 YEARS,
       R/O SIRA GATE,
       TUMKUR TOWN - 572 103.

3.     SRI. RANGASWAMAIAH
       S/O RANGAPPA,
       AGED ABOUT 72 YEARS,
       R/AT ARAKERE VILLAGE,
       KASABA HOBLI,
       TUMKUR TALUK & DISTRICT - 572 101.
                                             ...RESPONDENTS

(BY SHRI N MANOHAR, ADVOCATE FOR R1;
    SHRI S RAJU, ADVOCATE FOR R2;
    R3- SERVED)

       THIS REGULAR SECOND APPEAL FILED UNDER SECTION
100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
23.07.2011 PASSED IN R.A.NO.227/2009 (OLD NO.134/2007)
ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT
I, TUMKUR, ALLOWING THE APPEAL AND MODIFYING THE
JUDGMENT      AND   DECREE   DATED   24.07.2007    PASSED    IN
O.S.NO.159/1996 ON THE FILE OF THE I ADDITIONAL CIVIL
JUDGE (JR.DN) & JMFC., TUMKUR.


       THIS   REGULAR   SECOND    APPEAL   COMING     ON    FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                               3
                                                RSA 2260/2011



                      JUDGMENT

A memo was filed on 01.12.2021 by the learned

counsel for the respondents stating that respondent No.1

died on 08.04.2020 while respondent No.3 also has

expired.

2. No steps are taken till date to bring the legal

representatives of deceased respondents No.1 and 3. The

suit from which the present appeal arises, was filed for

partition and was decreed in part. The appellants herein

were the plaintiffs before the Trial Court, while the

respondents were the defendants. As such, the abatement

of the appeal as against respondents No.1 and 3 would

result in abatement of the appeal in its entirety.

Hence, the appeal is disposed off as having abated.

Sd/-

JUDGE

DH