Sri. Penamala Fakruddin Sab vs Sri. L. Venkatanaranaiah @
2023 Latest Caselaw 5301 Kant

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                                                   NC: 2023:KHC:27472
                                                        RSA No. 53 of 2015




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF AUGUST, 2023

                                          BEFORE

                          THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                     REGULAR SECOND APPEAL NO. 53 OF 2015 (SP)

                   BETWEEN:

                   SRI. PENAMALA FAKRUDDIN SAB
                   S/O. PENAMALA PYARU SAB,
                   AGED ABOUT 64 YEARS,
                   AGRICULTURIST,
                   R/AT. JOOLAPALYA VILLAGE, MITTEMARI HOBLI,
                   BAGEPALLY TALUK 561 207
                                                                ...APPELLANT
                   (BY SRI. VISHWANATH R HEGDE, ADVOCATE)

                   AND:

                   SRI. L. VENKATANARANAIAH @
                   L. VENKATANARANAIAH SHETTY,
                   S/O PEDDAGURAPPA,
Digitally signed   AGED ABOUT 86 YEARS,
by SUNITHA
GANGARAJU          MERCHANT & AGRICULTURIST,
Location: High     R/O. JOOLAPALYA VILLAGE, MITTEMARI HOBLI,
Court of           BAGEPALLY TALUK 561 207 AND ALSO AT
Karnataka          SADAHALLI, DEVANAHALLI TALUK,
                   BANGALORE DISTRICT
                                                               ...RESPONDENT

                         THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
                   THE JUDGMENT AND DECREE DATED 11.9.2014 PASSED IN
                   R.A.NO.91/2004 ON THE FILE OF THE ADDL. SENIOR CIVIL
                   JUDGE & JMFC., CHICKBALLAPUR, DISMISSING THE APPEAL
                   AND CONFIRMING THE JUDGMENT AND DECREE DATED
                   7.4.2004 PASSED IN O.S.NO.227/1997 ON THE FILE OF THE
                   CIVIL JUDGE (JR.DN) BAGEPALLI.
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                                   NC: 2023:KHC:27472
                                        RSA No. 53 of 2015




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

                       JUDGMENT

Learned counsel for the appellant submits that sole

respondent died on 21.01.2017 and the appeal is abated

by operation of law.

2. The submission is placed on record.

Accordingly, the appeal is dismissed as abated.

In view of dismissal of the appeal, pending IAs., if

any, do not survive for consideration and are accordingly

disposed of.

Sd/-

JUDGE

SSB