Sri N Basavaraje Urs (Alias) vs Sri Putta Naika S/O Late Sri Mari ...
2023 Latest Caselaw 4829 Kant

                                                  -1-
                                                            NC: 2023:KHC:25741
                                                              RSA No. 1725 of 2011




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 25TH DAY OF JULY, 2023

                                                BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                       REGULAR SECOND APPEAL NO. 1725 OF 2011 (DEC/INJ)


                      BETWEEN:

                      1.   SRI. N. BASAVARAJE URS (ALIAS)
                           NARAYANARAJE URS,
                           S/O LATE SRI. VEERARAJE URS,
                           AGED ABOUT 64 YEARS,

                      2.   SRI. PUTTARAJE URS,
                           AGED ABOUT 69 YEARS,
                           S/O BASAVARAJE URS,

                      3.   SMT. CHANDRAMATHA AMMANNI,
                           W/O SRI. RAJE URS AND
                           D/O SRI. KRISHNARAJE URS,
                           AGED ABOUT 54 YEARS,

                      4.   SMT. NINRAJ AMMANNI,
Digitally signed by        W/O SRI. PUTTASOMRAJ URS,
LAKSHMINARAYANA
MURTHY RAJASHRI            SINCE DEAD BY HER LRS,
Location: HIGH
COURT OF                   SRI. RAMACHANDRARAJE URS,
KARNATAKA
                           S/O SRI. PUTTARAJE URS,
                           ALL THE APPELLANTS 1 TO 5 ARE
                           R/AT MAVANOOR VILLAGE,
                           SALIGRAMA HOBLI, K. R. NAGAR TALUK,
                           MYSORE DISTRICT - 571 604.
                                                                  ...APPELLANTS
                      (BY SRI. L. S. CHIKKANAGOUDAR, ADVOCATE)
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                                   NC: 2023:KHC:25741
                                     RSA No. 1725 of 2011




AND:

1.   SRI. PUTTA NAIKA ,
     S/O LATE SRI. MARI NAIKA,
     AGED ABOUT 64 YEARS,

2.   SRI. SHIVANNA NAIKA,
     S/O LATE SRI. MARI NAIKA ,
     AGED ABOUT 54 YEARS,

3.   SRI. SWAMY NAIKA,
     S/O LATE SRI. MARI NAIKA,
     AGED ABOUT 51 YEARS,
     ALL THE RESPONDENT NOS.1 TO 3 ARE
     R/AT MAVANOOR VILLAGE,
     SALIGRAMA HOBLI, K.R.NAGAR TALUK,
     MYSORE DISTRICT - 571 604.

4.   SRI. SANNAPPA NAIKA,
     S/O LATE SRI. PUTTA NAIKA,
     AGED ABOUT 77 YEARS,
     R/AT MAVANOOR VILLAGE,
     SALIGRAMA HOBLI,
     K.R.NAGAR TALUK,
     MYSORE DISTRICT - 571 604.
                                    ...RESPONDENTS
(BY SRI. PRITHVIRAJ SHASTRY G, ADVOCATE FOR
    SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR R1-3;
    R4-SERVED, VIDE ORDER DATED.26.06.2013 R5 IS DELETED)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 21.4.2011 PASSED IN
R.A.NO.344/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC., K.R.NAGAR, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 30.6.2005 PASSED IN
O.S.NO.88/1992 ON THE FILE OF THE CIVIL JUDGE (JR.DN) &
JMFC., K.R.NAGAR.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                         NC: 2023:KHC:25741
                                             RSA No. 1725 of 2011




                             JUDGMENT

In spite of giving sufficient opportunity, no steps

were taken to bring the legal representatives of appellant

Nos.1 to 3 and respondent Nos.1 to 3. Appellant Nos.1 to

3 and respondent Nos.1 to 3 died long back. It is also

stated that appellant No.4 Sri.Ramachandraraje Urs also

died in the year 2019.

2. Hence, the appeal is abated so far as appellant

Nos.1 to 4 and respondent Nos.1 to 3 are concerned.

3. Thus, there are no other persons representing

the appellants. Therefore, as all the appellants are dead

and steps are not taken to bring their legal

representatives, the appeal stands dismissed as abated.

Sd/-

JUDGE

SMC