Marappa S/O Kadirappa vs The Commissioner Bangalore ...
2023 Latest Caselaw 4035 Kant

                                                  -1-
                                                        NC: 2023:KHC:23052
                                                          RFA No. 1081 of 2008




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 5TH DAY OF JULY, 2023

                                               BEFORE
                         THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                            REGULAR FIRST APPEAL NO. 1081 OF 2008 (INJ)
                      BETWEEN:

                      MARAPPA
                      S/O KADIRAPPA
                      AGED ABOUT 65 YEARS
                      R/AT NO. 76, ISEC ROAD
                      NAGARABHAVI, BANGALORE-560072.
                                                                   ...APPELLANT
                      (BY SMT. MANJULA A., ADVOCATE FOR
                          SRI. J M RAJANNA SETTY .,ADVOCATE)
                      AND:

                      THE COMMISSIONER
                      BANGALORE DEVELOPMENT AUTHORITY
                      K.P.WEST, BANGALORE-560020
                                                                 ...RESPONDENT
Digitally signed by
DHANALAKSHMI          (BY SRI. G LAKSHMEESH RAO.,ADVOCATE)
MURTHY
Location: High               THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
Court of
Karnataka             THE JUDGEMENT AND DECREE DATED:02.07.2008 PASSED IN
                      OS.NO.4373/2004 ON THE FILE OF THE X ADDL.CITY CIVIL
                      AND     SESSIONS   JUDGE,   BANGALORE    CITY,   (SCCH-5)
                      DISMISSING THE SUIT FOR PERMANENT INJUNCTION.

                             THIS APPEAL, COMING ON FOR    HEARING, THIS DAY,
                      THE COURT DELIVERED THE FOLLOWING:
                              -2-
                                    NC: 2023:KHC:23052
                                       RFA No. 1081 of 2008




                         JUDGMENT

1. Learned counsel for the appellant has filed a memo

dated 05.07.2023 stating that the sole appellant died long

back and the legal representatives of deceased sole

appellant did not approach the advocate to prosecute the

appeal. Hence, he submits that the appeal may be

dismissed as abated.

2. Memo is taken on record.

3. It appears that the legal representatives of deceased

sole appellant are not interested in prosecuting the appeal.

Hence, the appeal is dismissed as abated.

4. In view of disposal of the main appeal, all pending

applications do not survive for consideration and the same

are also disposed of.

Sd/-

JUDGE

HA