Jagannathappa vs G Vinayaka Rao
2022 Latest Caselaw 7619 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 27TH DAY OF MAY 2022

                           BEFORE

        THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

     REGULAR SECOND APPEAL NO.687/2009 (INJ)

BETWEEN

1.     JAGANNATHAPPA,
       S/O MASOOR HUCHHARAYAPPA,
       AGED ABOUT 66 YEARS,
       R/O AMBEDKAR NAGAR,
       SHIKARIPURA-577427
       SHIMOGA DISTRICT.

2.     SHIVAPPA.B,
       S/O LINGAPPA,
       DEAD BY LRs
       a)     SMT.RATHNAMMA,
              W/O LATE SHIVANNA,
              AGED ABOUT 50 YEARS,

       b)     LINGAPPA P.S.,
              S/O LATE SHIVANNA,
              AGED ABOUT 20 YEARS

       c)     ANNAPPA @ ARUN KUMAR P.S.
              S/O LATE SHIVANNA,
              AGED ABOUT 19 YEARS,

       d)     CHI PRADEEP P.S.,
              LATE SHIVANNA,
              AGED ABOUT 17 YEARS

       e)     CHI.BHARATHA,
              S/O LATE SHIVANNA,
              AGED ABOUT 15 YEARS

              APPELLANTS 2 (d) AND (e) ARE MINORS
              AND ARE REPRESENTED BY THEIR NATURAL
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            GUARDIAN MOTHER SMT.RATHNAMMA

       ALL ARE RESIDENTS OF VODDEKERI,
       SHIKARIPURA-577427
       SHIMOGA DISTRICT.
                                                ...APPELLANTS
(BY SRI.R.V.JAYAPRAKASH, ADVOCATE)

AND:

G. VINAYAKA RAO,
S/O NAGAPPA,
AGED ABOUT 73 YEARS,
TAILOR, C/O G.MAHABALA RAO,
VIDYANAGAR,
SHIKARIPURA-577427
SHIMOGA DISTRICT.
                                         ...RESPONDENT
(BY SRI.S.V.PRAKASH, ADV FOR C/R IN C.P.NO.325/2009)

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC AGAINST THE JUDGMENT & DECREE DATED
06.02.2009 PASSED IN R.A.NO.430/2007 THE FILE OF THE CIVIL
JUDGE (SR.DN) & JMFC., ITINERARY, SHIKARIPURA, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 26.08.1995 PASSED IN O.S.NO.33/1991, ON THE FILE OF
THE MUNSIFF & JMFC., SHIKARIPURA.

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

                        JUDGMENT

Sole respondent has died. Steps have not been taken

within time. Hence, appeal is dismissed as abated.

Sd/-

JUDGE

BS