Sri N Krishnamurthy vs Smt Chandralekha Singh
2023 Latest Caselaw 4612 Kant

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                                                          NC: 2023:KHC:24984
                                                            RFA No. 2067 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 18TH DAY OF JULY, 2023

                                              BEFORE
                     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                    REGULAR FIRST APPEAL NO. 2067 OF 2017 (PAR/INJ)


                   BETWEEN:

                   Sri. N. Krishnamurthy
                   S/o Late Nallappa,
                   Aged about 69 years,
                   Residing at Papireddy Palya,
                   Yeshwanthapura Hobli,
                   Bengaluru North Taluk,
                   Bengaluru-560 072.
                                                                       ...Appellant
                   (By Sri. C. Shankar Reddy, Advocate)

                   AND:

                   Smt. Chandralekha Singh
Digitally signed   D/o K.P. Singh
by
BHARATHIDEVI
K KORLAHALLI       Aged about 68 years,
Location: High
Court of
Karnataka
                   Residing at No.40 A,
                   BHEL Officer Layout,
                   Behind Krishnappa Garden
                   Bengaluru-560041.
                                                                    ...Respondent
                   (By Sri. Bhadrinath R, Advocate for
                    GPA Holder of Respondent)

                         This Regular First Appeal is filed under Order XLI Rule 1
                   of Civil Procedure Code, praying to call for the records in
                   O.S.No.5105/2016 passed by the Court of XL Additional City
                   Civil and Sessions Judge, Bengaluru, (CCH-41), peruse the
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                                     NC: 2023:KHC:24984
                                        RFA No. 2067 of 2017




same, hear the appellant and allow the above appeal by setting
aside the impugned judgment and decree dated 07.11.2017
passed therein and consequently dismiss the suit as against the
appellant and grant costs together with such other reliefs as
this Court deems fit to grant in the facts and circumstances of
the case to meet the ends of justice.

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

                           ORDER

Learned counsels from both side present physically in

the Court.

2. The learned counsel for the appellant is not aware

as to what the matter is due for today. Except making the

submission that he would do needful, he is unable to tell

as to what needful he is required to do, despite the Court

specifically asking him to mention the same.

3. In that view of the matter, when the applicant in

IA.No.1/2019 himself is not aware as to what he is

required to do and the said application is pending for

compliance of office objections, the same stands returned

for non-compliance of office objections.

4. Consequently, in view of death of the sole

appellant on 12.05.2019, which has already been brought

NC: 2023:KHC:24984 RFA No. 2067 of 2017

to the notice by filing a memo by none else than the

learned counsel for the appellant on 01.08.2019 and since

no steps have been taken to bring his legal

representatives on record, by operation of law, the Appeal

of the sole appellant stands abated.

As such, the Appeal does not survive for

consideration.

Sd/-

JUDGE

bk