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Sri C K Kumar vs Sri A N Kumaraswamy
2023 Latest Caselaw 6030 Kant

Citation : 2023 Latest Caselaw 6030 Kant
Judgement Date : 29 August, 2023

Karnataka High Court
Sri C K Kumar vs Sri A N Kumaraswamy on 29 August, 2023
Bench: H.P.Sandesh
                                             -1-
                                                         NC: 2023:KHC:30721
                                                       RSA No. 1380 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 29TH DAY OF AUGUST, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO. 1380 OF 2019

                   BETWEEN:

                   1.    SRI C.K. KUMAR
                         S/O. C.K. KALAPPA
                         RESIDENT OF KERE BEEDI
                         CHANNARAYAPATNA TOWN.
                                                           ...APPELLANT

                              (BY SRI Y.H.VIJAYAKUMAR, ADVOCATE)
                   AND:

                   1.    SRI A.N.KUMARASWAMY
                         S/O. LATE A.S.NARAYANASWAMY
                         AGED ABOUT 58 YEARS
                         RESIDENT OF 4TH MAIN ROAD
                         VIVEKANANDANAGAR
                         CHANNARAYAPATNA TALUK.
Digitally signed
by SHARANYA T                                              ...RESPONDENT
Location: HIGH
COURT OF                THIS RSA IS FILED UNDER SECTION 100 OF CPC,
KARNATAKA
                   AGAINST THE JUDGMENT AND DECREE DATED 15.04.2019
                   PASSED IN R.A.NO.1/2019 ON THE FILE OF THE SENIOR CIVIL
                   JUDGE AND JMFC, CHANNARAYAPATNA, DISMISSING THE
                   APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
                   DATED 13.07.2017 PASSED IN O.S.NO.179/2016 ON THE FILE
                   OF    THE    PRINCIPAL   CIVIL    JUDGE    AND    JMFC,
                   CHANNARAYAPATNA.

                       THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                                -2-
                                             NC: 2023:KHC:30721
                                          RSA No. 1380 of 2019




                             ORDER

Learned counsel for the appellant would submit that the

appellant is no more and when he contacted the legal

representatives of the deceased appellant, they did not furnish

the details and also not furnished the death certificate.

2. In view of the said submission, it is apparent that

the legal representatives of the deceased appellant are not

interested in pursuing the matter. Hence, the second appeal is

dismissed for non-compliance of office objections and not

bringing the legal representatives of deceased appellant on

record.

Sd/-

JUDGE

ST

 
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