Mrs Muniyamma vs Mr V. Muniyappa
2023 Latest Caselaw 5639 Kant

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                                                            NC: 2023:KHC:28892
                                                           RSA No. 988 of 2009




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 16TH DAY OF AUGUST, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                         REGULAR SECOND APPEAL NO. 988 OF 2009 (INJ)

                   BETWEEN:

                         MRS. MUNIYAMMA,
                         W/O. NARAYANAPPA,
                         D/O. HOGARI MUNIYAPPA,
                         AGED ABOUT 50 YEARS,
                         R/O. HOGARI VILLAGE,
                         KASABA HOBLI,
                         KOLAR TALUK AND DISTRICT - 563 101.
                                                                  ...APPELLANT
                   (BY SRI. K. VISHWANATHA, ADVOCATE (ABSENT))
Digitally signed
by CHAITHRA P      AND:
Location: HIGH
COURT OF
KARNATAKA          1.    MR. V. MUNIYAPPA,
                         S/O. VENKATARAMANAPPA,
                         WORKING AS DRIVER IN K.S.R.T.C.

                   2.    MR. VENKATARAMANAPPA,
                         S/O. LATE MUNISWAMAPPA,
                         FATHER OF FIRST DEFENDANT,
                         BOTH ARE MAJORS AND
                         RESIDENTS OF HOGARI VILLAGE,
                         KASABA HOBLI,
                         KOLAR TALUK AND DISTRICT - 563 101.
                                                               ...RESPONDENTS

                   (APPEAL AS AGAINST DECEASED R1 ABATES,
                   VIDE ORDER DATED 11.08.2023;
                   APPEAL AS AGAINST R2 DISMISSED,
                   VIDE ORDER DATED 18.09.2012)
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                                            NC: 2023:KHC:28892
                                          RSA No. 988 of 2009




     THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DATED 30.03.2009 PASSED IN
R.A.NO.163/2008 ON THE FILE OF THE II ADDL. DISTRICT AND
SESSIONS JUDGE, KOLAR, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DATED
06.03.2006 PASSED IN OS.NO.168/2001 ON THE FILE OF THE
ADDL. CIVIL JUDGE (JR.DN) KOLAR AND ETC.

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

                         JUDGMENT

There is no representation on behalf of appellant.

2. It is seen from the order dated 17.02.2023, learned

counsel for respondents submitted that, sole appellant and

respondent No.1 are dead.

3. Vide order dated 11.08.2023, the appeal as against

respondent No.1 came to be abated as no steps were taken to

bring the legal representatives of respondent No.1.

4. Vide order dated 18.09.2012, the appeal as against

respondent No.2 came to be dismissed.

5. Till now, the legal representatives of the deceased

sole appellant are not brought on record, in spite of sufficient

opportunities having been granted to the appellant.

NC: 2023:KHC:28892 RSA No. 988 of 2009

In view of the above, the appeal stands dismissed as

abated.

Sd/-

JUDGE

CPN

CT: AVB