Jayanth B Suvarna vs Sri Reginald D Soans
2023 Latest Caselaw 6225 Kant

                                                -1-
                                                        NC: 2023:KHC:31230
                                                      RSA No. 1838 of 2016




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 31ST DAY OF AUGUST, 2023

                                           BEFORE
                          THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                       REGULAR SECOND APPEAL NO. 1838 OF 2016 (SP)
                  BETWEEN:

                  JAYANTH B.SUVARNA
                  S/O BABU SHRIYAN
                  AGED ABOUT 66 YEARS
                  R/AT PETROL PUMP
                  UPPINANGADY
                  BANTWAL TALUK
                  DAKSHIN KANNADA - 577 018.
                                                              ...APPELLANT
                  (BY SRI. SAMPAT ANAND SHETTY, ADVOCATE)

                  AND:

                  1.    SRI. REGINALD D'SOANS
                        S/O SIMPSON SOANS
Digitally signed by     CHRISTIAN
PADMAVATHI B K
                        AGED ABOUT 63 YEARS
Location: HIGH
COURT OF                RESIDING AT SEA-GULL
KARNATAKA               BALMATTA NEW ROAD
                        MANGALORE - 575 001.

                  2.    VIJAYA KOTIAN
                        S/O U.THIMMAPPA MAISTRY
                        ADULT
                        R/AT KODIKAL
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                                               NC: 2023:KHC:31230
                                             RSA No. 1838 of 2016




    BOLOOR VILLAGE
    MANGALORE - 575 006.
                                                     ...RESPONDENTS
(BY SRI. A.MADHUSUDHANA RAO, ADVOCATE FOR R1;
    SRI. G.B.MANJUNATH, ADVOCATE FOR R2)

      THIS RSA IS FILED UNDER SECTION 100 R/W ORDER
XLII RULE I OF CPC., 1908 AGAINST THE JUDGEMENT &
DECREE DATED 01.08.2016 PASSED IN R.A.NO.34/2009 ON
THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE,
D.K., MANGALORE, ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGEMENT AND DECREE DATED 09.02.2009
PASSED IN OS.NO.28/1996 ON THE FILE OF THE FIRST ADDL.
CIVIL JUDGE (SR.DN.) AT MANGALORE.

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

                          JUDGMENT

Learned counsel for respondent has filed a memo on

11.07.2023, reporting the death of sole appellant, on

05.09.2022.

2. Learned counsel for the appellant admit the fact that

the appellant has died and submits that as the appeal gets

abated by operation of law, the same may be dismissed as

abated.

3. Perused the memo along with the death certificate of

the appellant. The appellant has died on 05.09.2022 and the

legal representatives of the appellant have not filed any

NC: 2023:KHC:31230 RSA No. 1838 of 2016

application to come on record. In view of the same, the

appeal stands abated.

Sd/-

JUDGE

NVJ