Sri Erappa vs Thimmarayappanavara Kittappa
2023 Latest Caselaw 4688 Kant

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                                                        NC: 2023:KHC:25298
                                                            RSA No. 2411 of 2008




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 20TH DAY OF JULY, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                           REGULAR SECOND APPEAL NO. 2411 OF 2008 (INJ)
                      BETWEEN:

                      SRI. ERAPPA,
                      S/O LATE RAMANNA,
                      AGED ABOUT 54 YEARS
                      R/O. VITTAPANAHALLI VILLAGE,
                      HUTHUR HOBLI,
                      KOLAR TALUK,
                      KOLAR - 563 101.
                                                                    ...APPELLANT

                      (BY SRI. K.H. SOMASEKHARA, ADVOCATE)

                      AND:
Digitally signed by
LAKSHMINARAYANA       1.    THIMMARAYAPPANAVARA KITTAPPA,
MURTHY RAJASHRI
Location: HIGH              S/O LATE MUNIVENKATAPPA,
COURT OF
KARNATAKA                   AGED ABOUT 54 YEARS.

                      2.    MANJUNATH,
                            S/O KITTAPPA,
                            AGED ABOUT 24 YEARS,
                            BOTH ARE THE RESIDENTS OF
                            VITTAPANAHALLI VILLAGE,
                            HUTHUR HOBLI,
                            KOLAR TALUK,
                            KOLAR - 563 101.
                                                                 ...RESPONDENTS

                      (BY SRI. B.C. RAI, ADVOCATE)

                           THIS RSA IS FILED UNDER SECTION 100 OF CPC
                      AGAINST THE JUDGEMENT AND DECREE DATED 22.10.2008
                      PASSED IN RA.NO.24/2008 ON THE FILE OF THE I ADDL.CIVIL
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                                       NC: 2023:KHC:25298
                                          RSA No. 2411 of 2008




JUDGE (SR.DN.) AND CJM KOLAR. ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DATED
20.12.2007 PASSED IN OS.NO.25/2006 ON THE FILE OF THE
PRL.CIVIL JUDGE (JR.DN.) KOLAR AND ETC.,

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

                           JUDGMENT

Learned counsel for the appellant submits that in spite of

taking steps the legal representatives of the appellant have not

come forward for making an application to bring the legal

representative of the deceased sole appellant on record. The

death of the sole appellant has been intimated to the Court on

21.03.2023.

In spite of granting sufficient time, no steps are taken to

bring the legal representatives of the deceased sole appellant

on record.

Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

SMC

CT: ABS