Mahadevappa vs Mahadevappa
2022 Latest Caselaw 5680 Kant

                            1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 29TH DAY OF MARCH, 2022

                         BEFORE

           THE HON'BLE MR.JUSTICE R. NATARAJ

             R.S.A. NO. 675 OF 2019 (INJ)

BETWEEN:

MAHADEVAPPA
S/O LATE CHANNAVEERAPPA,
AGED ABOUT 49 YEARS
R/O HANGRAPURA VILLAGE,
KIRUGAVALU HOBLI,
MALAVALLI TALUK,
MANDYA DISTRICT- 571 430.
                                            ...APPELLANT

(BY SRI. SOMASHEKAR KASHIMATH, ADVOCATE)

AND:

MAHADEVAPPA
S/O LATE CHANNABASAPPA
DEAD BY LRS.

1.     PARVATHAMMA,
       W/O LATE MAHADEVAPPA,
       AGED ABOUT 62 YEARS

2.     SHANKARA
       S/O LATE MAHADEVAPPA,
       AGED ABOUT 49 YEARS.

3.     MAHESHA
       S/O LATE MAHADEVAPPA,
       AGED ABOUT 47 YEARS.
                                2




4.    PRABHU
      S/O LATE MAHADEVAPPA,
      AGED ABOUT 44 YEARS.

ALL ARE R/O HANGRAPURA VILLAGE,
KIRUGAVALU HOBLI,
MALAVALLI TALUK,
MANDYA DISTRICT 571 430
                                                 ...RESPONDENTS

      THIS R.S.A. IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 19.01.2019 PASSED IN RA.NO.33/2015, ON
THE FILE OF THE SENIOR CIVIL JUDGE MALAVALLI, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 17.01.2015 PASSED IN OS.NO.67/2010 ON THE FILE OF
THE PRL.CIVIL JUDGE AND JMFC., MALAVALLI.

     THIS R.S.A. COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

This appeal is filed by the plaintiff in O.S.

No.67/2010 on the file of Prl. Civil Judge and JMFC,

Malavalli, challenging the divergent finding recorded in

R.A. No.33/2015 on the file of Senior Civil Judge, Malavalli,

by which it reversed the Judgment and Decree passed by

the Trial Court and dismissed the suit.

2. The learned counsel for the appellant / plaintiff

submitted that the defendant died during the pendency of

the appeal before the First Appellate Court and therefore,

his L.Rs. are brought on record.

3. It is seen from the Judgment and Decree of the

Trial Court that the suit was filed in O.S. No.67/2010 for

perpetual injunction. If that be so, the cause of action

abated upon the death of the defendant. Therefore, this

appeal does not survive for consideration as it has abated.

Pending I.A., if any, does not survive for

consideration.

Sd/-

JUDGE

hnm