B.M Venkatesh vs Mylarappa S/O Lt Gangappa
2023 Latest Caselaw 5750 Kant

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                                                         NC: 2023:KHC:29369
                                                       RSA No. 1504 of 2009




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 18TH DAY OF AUGUST, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                        REGULAR SECOND APPEAL NO. 1504 OF 2009 (PAR)

                   BETWEEN:

                   B. M. VENKATESH,
                   S/O MYLARAPPA,
                   AGED ABOUT 45 YEARS,
                   RESIDING AT BANAVATI VILLAGE,
                   SASALU HOBLI,
                   DODDABALLAPUR TALUK,
                   BANGALORE DISTRICT - 561 203.
                                                               ...APPELLANT
                   (BY SMT. S. K. NAGARATHNA ADVOCATE AND,
                       SMT. VIJAYA N. A., ADVOCATE (ABSENT))

                   AND:

                   1.    MYLARAPPA,
                         S/O LATE GANGAPPA,
Digitally signed         AGED ABOUT 73 YEARS,
by CHAITHRA P
Location: HIGH     2.    SANJEEVAMMA,
COURT OF
KARNATAKA                W/O MYLARAPPA,
                         AGED ABOUT 57 YEARS,

                   3.    B. N. ASHWATHNARAYANA,
                         S/O MYLARAPPA,
                         AGED ABOUT 44 YEARS,

                   4.    B. M. SIDDAGANGAPPA,
                         S/O. MYLARAPPA,
                         AGED ABOUT 40 YEARS,

                         RESPONDENTS RESIDING AT
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                                           NC: 2023:KHC:29369
                                         RSA No. 1504 of 2009




    BANAVATI VILLAGE,
    SASALU HOBLI,
    DODDABALLAPUR TALUK,
    BANGALORE DISTRICT - 561 203.
                                               ...RESPONDENTS

(R1 TO R4 ARE SERVED AND UNREPRESENTED)


     THIS RSA IS FILED U/S 100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 26.06.2009, PASSED IN
R.A.NO.144/2007, ON THE FILE OF THE PRL. DISTRICT &
SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE,
DISMISSING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED:13.07.2007, PASSED IN O.S.25/2004, ON
THE FILE OF THE CIVIL JUDGE, (SR.DN), DODDABALLAPUR
AND ETC.

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


                         JUDGMENT

There is no representation on behalf of the appellant as

well as respondents.

2. Despite having been served, it is seen from the

order dated 20.03.2023, sole appellant has died.

3. Till date, no steps are taken to bring the legal

representatives of deceased sole appellant on record.

4. In view of the above, the appeal abates due to

efflux of time.

NC: 2023:KHC:29369 RSA No. 1504 of 2009

Accordingly, the appeal stands dismissed as abated.

Sd/-

JUDGE

CPN

CT: AVB