Sri.M.Suresh Rao vs Bank Of India
2023 Latest Caselaw 5687 Kant

                                         -1-
                                                       NC: 2023:KHC:29117
                                                      RSA No. 456 of 2015




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 17TH DAY OF AUGUST, 2023

                                       BEFORE

                       THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                REGULAR SECOND APPEAL NO. 456 OF 2015 (MON)

                BETWEEN:

                SRI.M. SURESH RAO
                S/O MADHAVA RAO
                AGED ABOUT 56 YEARS
                D NO.10-4-64A (GROUND FLOOR)
                KAMAL BUILDING
                NEAR CITY BUS STAND, UDUPI TOWN
                UDUPI -576 101.
                                                             ...APPELLANT
                (BY SRI. G S BALAGANGADHAR, ADVOCATE)

                AND:

                BANK OF INDIA
                UDUPI BRANCH
Digitally       HAVING ITS HEAD OFFICE
signed by R
DEEPA           AT STAR HOUSE, C-5, G BLOCK,
Location:       BANDRA KURLA COMPLEX, BANDRA (EAST)
High Court of   MUMBAI-400 051.
Karnataka
                BRANCH OFFICE:
                FIRST FLOOR, PRIYADARSHINI BUILDING
                NEAR CIYT BUS STAND, SHIRIBEEDU
                UDUPI-576 101.

                REP. BY ITS ATTORNEY HOLDER
                AND PRINICIPAL OFFICER
                SMT. C R LATHA, AGED ABOUT 42 YEARS
                D/O LATE C K RAJAN
                WORKING AS ITS ZONAL OFFICER
                             -2-
                                        NC: 2023:KHC:29117
                                       RSA No. 456 of 2015




KARNATAKA ZONE AND
RESIDING AT BANGALORE
                                             ...RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)


     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 17.12.2014 PASSED IN
RA NO.5/2011 ON THE FILE OF THE PRL. DISTRICT JUDGE,
UDUPI, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 20.01.2009 PASSED IN
OS.NO.134/2007 ON THE FILE OF THE ADDL. SENIOR CIVIL
JUDGE UDUPI.

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


                       JUDGMENT

On 04.01.2021, learned counsel for the appellant

reported death of the sole appellant. Even after lapse of

two years, the legal heirs of deceased appellant did not

come forward to file necessary application to come on

record.

2. By operation of law, the appeal is abated.

Accordingly, the appeal is abated.

Sd/-

JUDGE RD