H Shankar vs H Jayaram
2023 Latest Caselaw 4962 Kant

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                                                        NC: 2023:KHC:26162
                                                              RFA No. 530 of 2018




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 27TH DAY OF JULY, 2023

                                             BEFORE
                     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                     REGULAR FIRST APPEAL NO. 530 OF 2018 (PAR/INJ)


                   BETWEEN:

                   H. Shankar
                   S/o Late Honnaiah,
                   Aged about 73 years,
                   R/a Old No.23/3, New No.7,
                   7th Cross, 9th Main,
                   (Sri Mugali Road)
                   BBMP Ward No.52,
                   Hanumanthanagar,
                   Bangalore - 560019.
                                                                       ...Appellant
                   (By Sri. Pravardhan Urs, Advocate)

                   AND:
Digitally signed
by
BHARATHIDEVI
K KORLAHALLI
                   H. Jayaram
Location: High
Court of           S/o Late Honnaiah,
Karnataka
                   Aged about 55 years,
                   R/a Old No.23/3, New No 7.
                   7th Cross, 9th Main
                   (Sri Mugali Road),
                   BBMP Ward No.52,
                   Hanumanthanagar,
                   Bangalore - 560019.
                                                                     ...Respondent
                   (By Sri. H. M. Somashekaraiah, Advocate)
                                  -2-
                                       NC: 2023:KHC:26162
                                            RFA No. 530 of 2018




      This Regular First Appeal is filed under Section 96 of Civil
Procedure Code, praying to set aside the judgment and decree
dated 16.09.2017 passed by the XXV Additional City Civil and
Sessions Judge (CCH-23) at Bangalore, in O.S.No.9311/2005
consequently allow the above appeal filed by the appellant in
the interest of justice and equity.


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


                             ORDER

None appear in the matter either physically or

through Video Conference.

2. A perusal of the order sheet would go to show that

the sole respondent has filed a memo dated 06.02.2023,

reporting the death of the sole appellant on 27.11.2022.

The death certificate is also produced along with the

memo. In spite of the same, learned counsel for the

appellant has not taken steps to bring the legal

representatives of alleged deceased sole appellant on

record.

NC: 2023:KHC:26162 RFA No. 530 of 2018

Hence, the Appeal filed by the sole appellant stands

abated.

Sd/-

JUDGE

bk/