Sri D R Sadananda Murthy vs Sri S Vijayachandra S/O Sri B ...
2023 Latest Caselaw 4958 Kant

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                                                      NC: 2023:KHC:26145
                                                          RFA No. 271 of 2009




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 27TH DAY OF JULY, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 271 OF 2009 (SP)


                 BETWEEN:

                 SRI D R SADANANDA MURTHY
                 AGED ABOUT 70 YEARS
                 S/O LATE D RANGASWAMY SASTRY
                 R/AT NO 3, BASAPPA CROSS ROAD
                 SHANTHINAGAR, BANGALORE-27
                                                                 ...APPELLANT
                 (BY SMT. K B JAYALAKSHMI., ADVOCATE)

                 AND:

                 1.    SRI S VIJAYACHANDRA
                       S/O SRI B SAMUEL
                       RESIDINT AT IN A PORTION OF NO 3
                       BASAPPA CROSS ROAD
Digitally signed       SHANTHI NAGAR, BANGALORE-27.
by
DHANALAKSHMI
MURTHY           2.    SMT PUSHPALATHA, MAJOR
Location: High         D/O SRI SOMASHEKARA
Court of               R/AT NO 10, SRINIVASA COLONY
Karnataka              LALBAGH ROAD,BANGALORE-27

                 3.    SMT U CHANCHALA BAI, MAJOR
                       W/O SRI UTTAMCHAND
                       R/AT NO 87, SAMPIGE ROAD
                       MALLESWARAM, BANGALORE-27

                       THE R2 & 3 ARE REP BY THEIR
                       GPA HOLDER SRI G S PANISH,MAJOR
                       S/O SRI SOMASHEKAR
                              -2-
                                     NC: 2023:KHC:26145
                                        RFA No. 271 of 2009




     R/AT NO 1, RADHA APARTMENTS
     BASAPPA ROPAD, SHANTHINAGAR
     BANGALORE-560027.
                                             ...RESPONDENTS
(BY SRI. SURESH REDDY A M.,ADVOCATE FOR R2 & R3:
    NOTICE TO R1 IS DISPENSED WITH
    V/O DATED: 23.08.2010)


      THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST    THE    ORDER    DATED:07.02.2006    PASSED    IN
EX.NO.1952/2002 ON THE FILE OF THE II ADDL. SMALL
CAUSES JUDGE, BANGALORE, ALLOWING THE APPLICATION
FILED I.A.2 U/O 21 R 99 R/W SEC.151 OF CPC

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

                          JUDGMENT

1. Learned counsel for the respondents submits that the

sole appellant is dead in the year 2021.

2. Submission is taken on record.

3. Since no application has been filed to bring the legal

representatives of deceased sole appellant on record, the

appeal is dismissed as abated.

NC: 2023:KHC:26145 RFA No. 271 of 2009

4. In view of disposal of the main appeal, all pending

applications do not survive for consideration. Hence, the

same are also disposed of.

Sd/-

JUDGE

HA