Sri K Nagaraj vs Sri Pavan @ Pavan Raj
2022 Latest Caselaw 11756 Kant

                                              -1-
                                                        RSA No. 2154 of 2011




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 12TH DAY OF SEPTEMBER, 2022

                                            BEFORE
                              THE HON'BLE MRS JUSTICE M G UMA
                        REGULAR SECOND APPEAL NO. 2154 OF 2011 (PAR)


                   BETWEEN:

                   1.   SRI K NAGARAJ
                        S/O LATE KAMANNAR
                        AGED ABOUT 46 YEARS
                        R/O SAPTHAGIRI EXTENSION,
                        SIRA TOWN 572 137
                        TUMKUR DISTRICT.


                                                               ...APPELLANT

                   (BY SRI. KESHAV R AGNIHOTRI.,ADVOCATE)

                   AND:

                   1.   SRI PAVAN @ PAVAN RAJ
                        S/O K NAGARAJ AGED ABOUT 21 YEARS
                        R/AT YARAGUNTESHWARA TALKIES ROAD, ADIVALA
                        HIRIYUR TALUK 577 511, CHITRADURGA DSITRICT.
Digitally signed
by GAYATHRI N      2.   SRI R P MANJUNATH S/O R V PRASANNA KUMAR
Location: High          R/AT RANGANA PALYA SIRA TOWN 572 137
Court Of                TUMKUR DISTRICT.
Karnataka

                   3.   SRI R P ANJINEYAMURTHY
                        S/O R V PRASANNA KUMAR
                        AGED ABOUT 46 YEARS
                            -2-
                                     RSA No. 2154 of 2011




     R/AT RANGANA PALYA SIRA TOWN 572 137
     TUMKUR DISTRICT.

                                         ...RESPONDENTS
(BY SRI. A V GANGADHARAPPA FOR R1.,ADVOCATE
     R-2 AND R3 ARE SERVED )


     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 12.07.2011 PASSED IN
R.A.NO.56/2008 ON THE FILE OF THE PRL. DISTRICT JUDGE,
TUMKUR, PARTLY ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 13.02.2008
PASSED IN O.S.NO.22/2005 ON THE FILE OF THE CIVIL JUDGE
(SR.DN) SIRA.    TRIAL COURT DISMISSED THE SUIT,
APPELLATE COURT PARTLY ALLOWED THE APPEAL. THE
SUIT FOR PARTITION AND SEPARATE POSSESSION,
DECLARATION AND MESNE PROFITS.

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

                       JUDGMENT

Learned counsel for the appellant prays for time to

take steps against the deceased sole appellant.

2. The death of sole appellant was reported by

respondent No.1 through memo dated 29.06.2021. A

RSA No. 2154 of 2011

year has already lapsed. Hence the appeal is already

abated.

Accordingly, the appeal stands dismissed as

abated.

Sd/-

JUDGE

NG