Sri P Balappa Reddy vs Sri Srinivas
2023 Latest Caselaw 5850 Kant

                                           -1-
                                                      NC: 2023:KHC:29841
                                                      RFA No. 972 of 2015




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 22ND DAY OF AUGUST, 2023
                                       BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL NO. 972 OF 2015 (INJ)
            BETWEEN:
                  SRI P BALAPPA REDDY,
                  S/O LATE SRI. PEDDANNA
                  @ MUNISWAMY,
                  AGED ABOUT 86 YEARS,
                  R/AT BALAPPA COMPOUND,
                  7TH MAIN ROAD, 80 FEET ROAD,
                  SUBBAYYANAPALYA EXTENSION,
                  BANASWADI MAIN ROAD,
                  BENGALURU-560 033.

                                                             ...APPELLANT
            (BY SRI. R. BHADRINATH, ADVOCATE (NOC))
            AND:
            1.    SRI. SRINIVAS,
                  S/O LATE SRI. RAMAIAH,
                  AGED ABOUT 62 YEARS,
                  R/AT NO.261,
                  SUBBAYYANAPALYA,
                  BANASWADI MAIN ROAD,
Digitally         BENGALURU-560 033.
signed by
MALATESH
KC          2.    SRI. S. MANUYACHAR,
Location:         S/O LATE SRI. V.S. MANUYACHAR,
HIGH              AGED ABOUT 73 YEARS,
COURT OF          R/AT OLD NO.425,
KARNATAKA         NEW CORPORATION NO.23,
                  SUBBAYYANAPALYA,
                  BANASWADI MAIN ROAD,
                  BENGALURU-560 043.

            3.    SMT. CHANDRAKANTHA,
                  W/O SRI. RAMACHANDRA,
                  AGED ABOUT 58 YEARS,
                  R/AT NO.482, 7TH MAIN ROAD,
                  SUBBAYYANAPALYA EXTENSION,
                                  -2-
                                               NC: 2023:KHC:29841
                                               RFA No. 972 of 2015




      MARUTHI SEVA NAGAR,
      BANASWADI MAIN ROAD,
      BENGALURU-560 043.
                                                   ...RESPONDENTS
(BY SRI. T. SESHAGIRI RAO, ADVOCATE FOR R1;
    R2 & R3 ARE SERVED )
     THIS RFA IS FILED UNDER SEC.96 OF CPC. 1908, AGAINST
THE JUDGMENT AND DECREE DATED 25.03.2015 PASSED IN
O.S.NO.3727/2010 ON THE FILE OF THE XVIII ADDL.CITY CIVIL
JUDGE (CCH-10) BENGALURU CITY, DISMISSING THE SUIT FOR
PERMANENT INJUNCTION.

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

                              ORDER

Learned counsel for the appellant has filed a memo of

retirement with acknowledgement of the appellant. Same is

accepted.

It is also noticed that appellant is no more. Suit is one for

permanent injunction came to be dismissed, which is the

personal remedy of the appellant.

No appropriate steps are taken to bring the legal

representatives of the deceased appellant on record. Since it is

the personal remedy of appellant and the appellant is no more,

appeal is dismissed as abated.

Sd/-

JUDGE

PSG