Sri K N Mahadevappa vs Smt Bharathambika
2023 Latest Caselaw 360 Kant

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                                                          MFA No. 1602 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 5TH DAY OF JANUARY, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 1602 OF 2019(CPC)
                   BETWEEN:

                   SRI K N MAHADEVAPPA
                   S/O LATE SRI NANJAPPA
                   AGED ABOUT 77 YEARS
                   R/O KEELANAPURA VILLAGE
                   VARUNA HOBLI
                   MYSURU TALUK

                                                                  ...APPELLANT

Digitally signed   (BY SRI. R B SADASIVAPPA., ADVOCATE)
by
DHANALAKSHMI
MURTHY             AND:
Location: High
Court of           1.    SMT BHARATHAMBIKA
Karnataka
                         W/O SRI NANDEESH
                         AGED ABOUT 39 YEARS
                         R/AT D NO.185/B
                         DEVANATHACHAR STREET
                         5TH MAIN, 7TH CROSS
                         CHAMARAJPET,BENGALURU.

                   2.    SMT DRAKSHAYINI
                         W/O SRI MAHADEVAPPA
                         AGED ABOUT 59 YEARS


                   3.    SRI MAHESH
                         S/O SRI MAHADEVAPPA
                         AGED ABOUT 39 YEARS
                             -2-
                                       MFA No. 1602 of 2019




4.   SRI SHASHISHEKARA
     S/O SRI MAHADEVAPPA
     AGED ABOUT 32 YEARS


5.   SMT K M NAGASHREE
     W/O SRI YOGI
     AGED ABOUT 28 YEARS
     R/AT D.NO.108
     2ND A STAGE
     20TH MAIN, 4TH CROSS
     J P NAGAR MYSURU

                                            ...RESPONDENTS

     THIS MFA IS FILED UNDER ORDER.43 RULE 1(C) OF THE
CPC, AGAINST THE ORDER DT. 11.10.2018 PASSED ON
MISC.61/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, CJM, MYSURU, DISMISSING THE PETITION FILED
U/O.9 RULE 13 OF CPC.

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

Learned counsel for the appellant has filed a memo

dated 08.11.2022 stating that the sole appellant has dead

on 21.02.2022.

Memo is taken on record.

Till today, no application has been filed to bring the

legal representatives of the deceased-appellant on record.

MFA No. 1602 of 2019

Since the sole appellant is dead, the appeal has become

abated. Hence, the above appeal is dismissed as abated.

Sd/-

JUDGE

HA