Sri. D. Shivalingaswamy vs Smt. N.. Padma
2023 Latest Caselaw 5192 Kant

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                                                     NC: 2023:KHC:26917
                                                         RSA No. 1429 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 2ND DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1429 OF 2019 (INJ)

                   BETWEEN:

                   1.    SRI D. SHIVALINGASWAMY
                         SON OF DODDAMOOGAPPA
                         AGED ABOUT 54 YEARS
                         RESIDING AT ANTHARAVALLI VILLAGE
                         KASABA HOBLI
                         MALAVALLI TALUK
                         MANDYA DISTRICT.
                                                             ...APPELLANT

                                (BY SRI NARAYANA V.S., ADVOCATE)
                   AND:

                   1.    SMT. N. PADMA
                         WIFE OF SHIVALINGE GOWDA
                         AGED ABOUT 59 YEARS
Digitally signed         RESIDING AT HULLEGALA VILLAGE
by SHARANYA T            KASABA HOBLI
Location: HIGH
COURT OF                 MALAVALLI TALUK
KARNATAKA                MANDYA DISTRICT.
                                                             ...RESPONDENT
                         (BY SRI GANAPATHI SUBRAMANYA BHAT, ADVOCATE)

                        THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
                   THE JUDGMENT AND DECREE DATED 06.02.2019 PASSED IN
                   R.A.NO.23/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE,
                   AT MALAVALLI DISMISSING THE APPEAL AND CONFIRMING
                   THE JUDGMENT AND DECREE DATED 01.04.2013 PASSED IN
                   O.S.NO.234/2011 ON THE FILE OF THE 1ST ADDL. CIVIL
                   JUDGE, MALAVALLI.
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                                      NC: 2023:KHC:26917
                                         RSA No. 1429 of 2019




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

Learned counsel for the respondent submits that he has

filed the memo on 08.07.2022 reporting the death of the sole

appellant, who died on 22.05.2022. The counsel also submits

that in the other connected petition in W.P.No.21862/2013, the

very counsel brought the legal representatives of the deceased

appellant on record and in this appeal, the legal representatives

are not brought on record. Hence, the appeal has abated.

2. Learned counsel for the appellant also not disputes

the fact that the legal representatives were brought on record

in W.P.No.21862/2013 and also filed memo before this Court

reporting the death and the same is in the knowledge of the

appellant. When such being the case and the appellant has

passed away on 22.05.2022 and the legal representatives were

not brought on record, the appeal stands abated.

Accordingly, the appeal is dismissed as abated.

Sd/-

JUDGE ST