Sri M Muthu @ Mathu vs Sri Ramu
2023 Latest Caselaw 5135 Kant

                                            -1-
                                                  NC: 2023:KHC:26841
                                                     RFA No. 2034 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 1ST DAY OF AUGUST, 2023

                                        BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                    REGULAR FIRST APPEAL NO. 2034 OF 2016 (PAR)
              BETWEEN:

              1.   SRI M MUTHU @ MATHU
                   S/O LATE MARI,
                   AGED ABOUT 74 YEARS
                   R/AT NO.10, OLD NO.53,"E" STREET,
                   BHARATHINAGAR,
                   BENGALURU-560 001.
                                                              ...APPELLANT
              (BY SMT.SREEVIDYA G.K., ADVOCATE FOR
                    SRI. T N VISWANATHA, ADVOCATE)
              AND:

              1.   SRI RAMU
                   S/O LATE M SAMPANGI,
                   AGED ABOUT 54 YEARS
                   R/AT NO.9,"E"STREET,
Digitally          THIMMAIAH ROAD CROSS,
signed by R
MANJUNATHA         BANGALORE-01.
Location:
HIGH COURT
OF
KARNATAKA     2.   SRI GAJARAJ
                   S/O LATE M SAMPANGI,
                   AGED ABOUT 51 YEARS
                   R/AT NO.9, 'E' STREET,
                   THIMMAIAH ROAD CROSS,
                   BENGALURU-560 001

              3.   SRI ANAND
                   S/O LATE M SAMPANGI,
                   AGED ABOUT 49 YEARS,
                   R/AT NO.9, 'E'STREET,
                   THIMMAIAH ROAD CROSS,
                              -2-
                                   NC: 2023:KHC:26841
                                     RFA No. 2034 of 2016




     BENGALURU-560 001.

4.   SRI JAYARAM
     S/O LATE M SAMPANGI,
     AGED ABOUT 48 YEARS,
     R/AT NO.9, 'E'STREET,
     THIMMAIAH ROAD CROSS,
     BENGALURU-560 001

5.   SRI SAMPATH
     S/O LATE M SAMPANGI,
     AGED ABOUT 47 YEARS,
     R/AT NO.9, 'E'STREET,
     THIMMAIAH ROAD CROSS,
     BENGALURU-560 001

6.   SMT JAYANTHI
     D/O LATE M SAMPANGI,
     AGED ABOUT 41 YEARS,
     R/AT NO.9, 'E'STREET,
     THIMMAIAH ROAD CROSS,
     BENGALURU-560 001

7.   SMT ANJALI
     D/O LATE M SAMPANGI,
     AGED ABOUT 53 YEARS,
     R/AT NO.9, 'E'STREET,
     THIMMAIAH ROAD CROSS,
     BENGALURU-560 001

8.   SMT KAMESHWARI
     W/O BANNON,
     D/O LATE CHINNA
     MAJOR,
     R/AT NO.2075,A.M.C.ROAD,
     ARABIC COLLEGE POST,
     K.G.HALLI,
     BENGALURU-560 001

                                           ...RESPONDENTS
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                                        NC: 2023:KHC:26841
                                          RFA No. 2034 of 2016




(BY SRI. M SUBRAMANI, ADVOCATE FOR C/R6; R1 TO R5
NOTICE SERVED UNREPRESENTED; R7- DIED; R8 UNSERVED)

     THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
13.11.2015 PASSED IN OS NO.25651/2008 ON THE FILE OF
THE XXVIII ADDL. CITY CIVIL JUDGE AT MAYOHALL UNIT,
BANGALORE, DISMISSING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.

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

Smt. Sreevidya G.K., learned counsel for the appellant

submits that sole appellant died on 19.01.2021 and despite

best efforts she could not get the details of the legal

representatives of the deceased/sole appellant. Death of sole

appellant is also intimated by filing a memo on 01.11.2021.

2. By operation of law, the appeal abates. Accordingly,

following:

ORDER

Appeal is dismissed as abated.

Sd/-

JUDGE

HB