Sri Rudrachar vs Sri Surappa
2023 Latest Caselaw 3415 Kant

                                             -1-
                                                    NC: 2023:KHC:20768
                                                      RFA No. 1231 of 2008




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 16TH DAY OF JUNE, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1231 OF 2008 (INJ)


                   BETWEEN:

                   SRI RUDRACHAR
                   S/O VEERABHADRACHAR
                   AGED ABOUT 80 YEARS
                   R/AT NO.46,OLD NO.574
                   KODIHALLI,MUNESHWARA TEMPLE ROAD
                   HAL II STAGE POST,
                   BANGALORE-560 008.

                                                             ...APPELLANT
                   (BY SRI. RAMESH KUMAR R.V., ADVOCATE)

Digitally signed
by
DHANALAKSHMI       AND:
MURTHY
Location: High
Court of           1.    SRI SURAPPA
Karnataka
                         S/O LATE PAPAIAH
                         AGED ABOUT 46 YEARS.

                   2.    SMT MUNIVENKATAMMA
                         D/O LATE PAPAIAH
                         MAJOR

                         BOTH ARE R/AT NO.178
                         KODIHALLI,
                           -2-
                                 NC: 2023:KHC:20768
                                   RFA No. 1231 of 2008




   MUNESHWARA TEMPLE ROAD
   HAL II STAGE POST,
   BANGALORE-560 008

                                       ...RESPONDENTS
(BY SRI.M.N.RAGHU., ADVOCATE FOR R1:
APPEAL IS DISMISSED AGAINST R2
V/O DATED: 09.04.2012)


     THIS RFA IS      FILED UNDER SECTION 96 CPC
AGAINST THE JUDGMENT AND DECREE DATED 12.8.2008
PASSED IN OS.NO. 10167/1998 ON THE FILE OF THE XIII
ADLL.CITY CIVIL JUDGE, MAYO HALL UNIT, BANGALORE,
DISMISSING THE SUIT FOR PERMANENT INJUNCTION.

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

                      JUDGMENT

Mr.Ramesh Kumar.R.V., learned counsel for the

appellant submitted that the appellant died long back

and his legal representatives have not contacted him

and they have not come forward to prosecute the

appeal and he has no instructions in the matter.

The submission of the learned counsel for the

appellant is placed on record.

NC: 2023:KHC:20768 RFA No. 1231 of 2008

Till today, no application is filed to bring the legal

representatives of deceased appellant on record.

Hence, the appeal is dismissed as abated.

In view of dismissal of appeal, pending I.As., if

any, do not survive for consideration and accordingly,

they are dismissed.

Sd/-

JUDGE

DM