Smt. Venkatamma vs Sri. V. Munireddy
2023 Latest Caselaw 1442 Kant

                                              -1-
                                                        RSA No. 886 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH DAY OF FEBRUARY, 2023

                                            BEFORE

                              THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO.886 OF 2017 (DEC/INJ)

                   BETWEEN:

                   SMT. VENKATAMMA,
                   W/O LATE MUNI REDDY,
                   AGED ABOUT 76 YEARS,
                   R/AT DODDAKARI @ KAMBAMPALLI VILLAGE,
                   BETHAMANGALA POST AND HOBLI,
                   BANGARPET TALUK,
                   KOLAR DISTRICT 563101.
                                                                 ...APPELLANT

                                (BY SRI KUMARA K.G., ADVOCATE)

                   AND:

                        SRI V. MUNIREDDY,
Digitally signed
                        DEAD BY LRS.
by SHARANYA T
Location: HIGH     1.   SMT. MUNIYAMMA,
COURT OF
KARNATAKA               W/O LATE MUNI REDDY,
                        AGED ABOUT 78 YEARS,
                        R/AT VEERASANDARA VILLAGE,
                        KYASAMBAHALLI POST,
                        BANGARPET TALUK,
                        KOLAR DISTRICT 563101.

                   2.   SMT. YOGESHWARI,
                        AGED ABOUT 58 YEARS,
                        W/O RAMAKRISHNAREDDY,
                        D/O LATE V. MUNIREDDY,
                        R/AT: VEERASANDRA VILLAGE,
                        KYSAMBAHALLI POST,
                        BANGARPET TALUK,
                        KOLAR DISTRICT 563 101.
                               -2-
                                     RSA No. 886 of 2017




     SRI SUBHAS,
     S/O LATE V. MUNIREDDY,
     SINCE DEAD BY HIS LRS.

3.   SMT. KANCHANA,
     W/O LATE SUBASH,
     AGED ABOUT 53 YEARS,
     C/O VIJAYALAKSHMI,
     NO.8, 1ST CROSS, HMT LAYOUT,
     MATHIKERE, BENGALURU 560054.

4.   SRI NIMISHAM REDDY,
     S/O LATE SUBASH,
     AGED ABOUT 26 YEARS
     NO.8, 1ST CROSS, HMT LAYOUT,
     MATHIKERE, BENGLAURU 560054.

5.   SMT. NIRMALA,
     W/O LATE V. MUNIREDDY,
     AGED ABOUT 54 YEARS,
     R/AT: VEERASANDARA VILLAGE,
     KYSAMBAHALLI POST,
     BANGARPET TALUK,
     KOLAR DISTRICT 563101.

6.   KUM SAMPURNA,
     AGED ABOUT 54 YEARS,
     D/O LATE V. MUNIREDDY
     R/AT VEERASANDARA VILLAGE,
     KYASAMBAHALLI POST,
     BANGARPET TALUK,
     KOLAR DISTRICT 563101.
                                       ...RESPONDENTS

         (BY SRI ABHINAV R, ADVOCATE FOR C/R1)

      THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 25.03.2017
PASSED IN REGULAR APPEAL.NO.31/2016 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND PRL. JMFC, KGF, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED       02.02.2016     PASSED     IN     ORIGINAL
SUIT.NOS.313/2009 AND 398/2009 ON THE FILE OF THE
PRL. CIVIL JUDGE AND JMFC, KGF.
                                  -3-
                                            RSA No. 886 of 2017




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

                        JUDGMENT

The learned counsel for the appellant has not filed

the application to bring the legal representatives of the

deceased appellant on record even though two weeks

time was granted. This Court vide order dated

03.02.2023, made it clear that if the application is not

filed within two weeks time, list the matter for dismissal.

2. Hence, the appeal is dismissed as abated

since the legal representative application is not filed

inspite of sufficient time is granted.

Sd/-

JUDGE

MD