Sri N C Narayanaswamy vs Sri N B Hanumantharayappa
2023 Latest Caselaw 4606 Kant

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                                                         NC: 2023:KHC:24949
                                                           RSA No. 1135 of 2009




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 18TH DAY OF JULY, 2023

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                        REGULAR SECOND APPEAL NO. 1135 OF 2009 (DEC/INJ)
                      BETWEEN:
                      SRI N C NARAYANASWAMY
                      S/O LATE CHIKKA APPANNA
                      A/A 79 YEARS,
                      R/O NAGADENAHALLY, KASABA HOBLI,
                      DODDABALLAPUR TQ.-561203,
                      BANGALORE RL. DT.,
                                                                  ...APPELLANT
                          (BY SRI. PHILIP ABRAHAM FOR SRI. G. KRISHNA
                      MURTHY., ADVOCATE-PH)
                      AND:
                      SRI N B HANUMANTHARAYAPPA
                      S/O LATE CHIKKA APPANNA,
                      A/A 69 YEARS, R/O NAGADENAHALLY,
                      KASABA HOBLI,
                      DODDABALLAPUR TQ.-561203,
Digitally signed by
LAKSHMINARAYANA       BANGALORE RURAL DISTRICT.
MURTHY RAJASHRI                                                 ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA             (BY SRI. K. BHANUPRASAD, ADVOCATE - VC)

                           THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE
                      JUDGEMENT & DECREE DTD 21.04.2009 PASSED IN
                      R.A.NO.66/2006 ON THE FILE OF THE PRESIDING OFFICER,
                      FAST TRACK COURT-II, BANGALORE RURAL DISTRICT,
                      BANGALORE, DISMISSING THE APPEAL AND CONFIRMING
                      THE JUDGEMENT AND DECREE DTD28.03.2006 PASSED IN
                      OS.112/2002 ON THE FILE OF THE CIVIL JUDGE, (SR. DN.),
                      DODDABALLAPUR AND ETC.
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                                     NC: 2023:KHC:24949
                                        RSA No. 1135 of 2009




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

1. The learned counsel for appellant has filed a memo

dated 05.07.2023. The said Memo reads thus -

"MEMO

The Counsel for the appellant submits that the appellant has died in the year 2019 and the same was intimated to the counsel by the legal representatives of the deceased appellant. And the same has been brought to the attention of this Hon'ble court. Despite the repeated attempts of the counsel to receive details of the legal representatives of the deceased appellant, the LR's have been singularly unhelpuful and not forwarded any information and have demonstrated apathy to provide the required information to the counsel.

One last attempt was made to send a letter by registered post to the last known address of the deceased appellant, to seek instructions from the LR's in order to proceed with the case. The letter was returned on 28.06.2023 with the endorsement "Addressee left without instructions". The returned envelop is attached herewith for the perusal of this Hon'ble Court.

The counsel in the light of the above circumstances is unable to effectively proceed forward with the case due to the lack of necessary instructions. Hence, this Hon'ble Court may take the memo on record."

NC: 2023:KHC:24949 RSA No. 1135 of 2009

2. In the said memo it is stated that the appellant died

in the year 2019 and the legal representatives of appellant

are not coming forward to make an application to bring

the legal representatives of appellant on record. As the

appellant died during the year 2019, the appeal abates.

Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

HNM/RHS