Sri. C. N. Nagraj vs Sri. C. N. Ramachandra
2023 Latest Caselaw 4399 Kant

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                                                          NC: 2023:KHC:24334
                                                             RFA No. 2025 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 13TH DAY OF JULY, 2023

                                               BEFORE
                     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                      REGULAR FIRST APPEAL NO. 2025 OF 2017 (MON)


                   BETWEEN:

                   Sri. C. N. Nagraj
                   S/o Late Narasimhaiah,
                   Aged about 65 years,
                   R/o No.24, (Old No.88).
                   5th Main Road,
                   Mathikere Extension,
                   Bangalore-560 054.
                                                                         ...Appellant
                   (By Sri. N. Gowtham Raghunath, Advocate)

                   AND:

                   Sri. C. N. Ramachandra
Digitally signed   S/o Late Narasimhaiah,
by
BHARATHIDEVI
K KORLAHALLI
                   Aged about 67 years,
Location: High
Court of           R/o No.66/2, 1st D Cross, Mathikere,
Karnataka
                   Bangalore-560 054.
                                                                      ...Respondent
                   (By Sri. N. P. Kallesh Gowda, Advocate for
                    Caveator/Respondent)

                          This Regular First Appeal is filed under Section 96 of the
                   Civil Procedure Code, praying to call for records, examine the
                   same and to set aside the impugned judgment and decree
                   dated 08.08.2017, passed by the learned XV Additional City
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                                        NC: 2023:KHC:24334
                                          RFA No. 2025 of 2017




Civil and Sessions Judge, Bangalore in O.S.No.9507/2014,
consequently to dismiss the suit filed by the respondents and to
allow the above appeal with costs, in the interest of justice and
equity.


      This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:


                            ORDER

None appear in this matter either physically or

through Video Conference. No reasons are forthcoming

for non-appearance of learned counsels for the parties.

2. Even though the appellant has reported the death

of sole respondent on 12.03.2021, however, till date, he

has not taken steps to bring the legal representatives of

alleged deceased sole respondent on record. Sufficient

time the appellant had to do the needful in that regard.

3. As such, since the appellant has not taken steps,

by operation of law, the Appeal as against the sole

respondent stands abated. Consequently, due to the

NC: 2023:KHC:24334 RFA No. 2025 of 2017

abatement of the appeal as against the sole respondent,

the Appeal does not survive to proceed with.

Sd/-

JUDGE

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