Sri C N Chandrappa vs Gopalachary
2023 Latest Caselaw 4202 Kant

                                                  -1-
                                                         NC: 2023:KHC:23755
                                                           RSA No. 1440 of 2014




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 10TH DAY OF JULY, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                           REGULAR SECOND APPEAL NO. 1440 OF 2014 (INJ)
                      BETWEEN:

                      SRI. C. N. CHANDRAPPA,
                      S/O NIRVANEGOWDA,
                      AGED ABOUT 70 YEARS,
                      AGRICULTURIST MAIN ROAD,
                      AREHALLAI, BELUR TALUK,
                      HASSAN DISTRICT-573 101.
                                                                   ...APPELLANT
                      (SRI. C.N. CHANDRAPPA-APPELLANT(DEAD))
                      AND:

                      1.    GOPALACHARY,
                            S/O ERACHARY,
                            AGED ABOUT 49 YEARS,
                            HIRESHIGARA,
                            G.HOSAHALLI POST,
                            MUDIGERE TALUK,
Digitally signed by
                            CHIKKAMAGALUR (D)-574 181.
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        2.    SRI. NAGARPPACHARY,
COURT OF                    S/O ERACHARY,
KARNATAKA
                            R/O UMBALAGODU VILLAGE,
                            AREHALLI HOBLI,
                            MALASEVARA POST,
                            BELUR TALUK,
                            HASSAN (D)-573 101.

                      3.    CHANDRASHEKAR,
                            S/O DYAVAPPA GOWDA,
                            AGED 45 YEARS,
                            R/O HIRESHIGARA,
                            G. HOSAHALLI POST,
                                 -2-
                                        NC: 2023:KHC:23755
                                          RSA No. 1440 of 2014




    MUDIGERE TALUK,
    CHIKKAMGALUR (D)-574 181.
                                               ...RESPONDENTS

     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGEMENT AND DECREE DATED 15.7.2014
PASSED IN R.A.NO.99/2012 ON THE FILE OF PRINCIPAL
SENIOR CIVIL JUDGE, CHIKMAGALUR, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DT
1.8.2012 IN O.S.84/2009 ON THE FILE OF PRINCIPAL CIVIL
JUDGE AND JMFC, MUDIGERE.

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

                             JUDGMENT

The Court notice issued to the appellant returned

with a shara that appellant died five years ago. The

appellant was plaintiff in O.S.No.84/2009. The said suit

was filed for the relief of injunction and same came to be

dismissed vide judgment and decree dated 01.08.2012.

The appeal filed by the plaintiff in R.A.No.99/2012 has also

been dismissed by judgment and decree dated

15.07.2014.

2. This appeal has been filed by the plaintiff

challenging the judgment and decree referred to above.

Even after five years of death, the legal representatives of

NC: 2023:KHC:23755 RSA No. 1440 of 2014

appellant have not come forward to make an application to

come on record as legal representatives of the appellant.

Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

DS