Smt Shanthamma vs Sri Arasappa
2023 Latest Caselaw 3432 Kant

                                             -1-
                                                    NC: 2023:KHC:20766
                                                         RFA No. 877 of 2016




                     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. 877 OF 2016 (SP)
                   BETWEEN:

                   SMT SHANTHAMMA
                   AGED ABOUT 53 YEARS
                   W/O KALYANARAM
                   R/@ K.M.NO.07, NGR LAYOUT
                   ROOPENA AGRAHARA
                   BEGUR HOBLI,BOMMANAHALLI
                   BENGALURU-560 068.
                                                                ...APPELLANT
                   (BY SRI. V B SHIVA KUMAR.,ADVOCATE)

                   AND:

                   SRI ARASAPPA
                   AGED ABOUT 69 YEARS
                   S/O LATE NARASIMHAIAH
Digitally signed   R/@ NO.54, ROOPENA AGRAHARA
by
DHANALAKSHMI       HOSUR MAIN ROAD, MADIWALA POST
MURTHY             BENGALURU-560 068.
Location: High                                                ...RESPONDENT
Court of
Karnataka          (BY SRI.MUNISWAMY GOWDA ., ADVOCATE)

                        THIS RFA IS FILED UNDER SECTION 96(1) OF CPC.,
                   FILED AGAINST THE ORDER DATED 16.04.16 PASSED IN O.S
                   NO.9120/2006 ON THE FILE OF THE XVII ADDL. CITY CIVIL
                   AND SESSIONS JUDGE (CCH 16), REJECTING THE PLAINT
                   FILED UNDER ORDER 7 RULE 11(d) OF CPC.,

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                             -2-
                                    NC: 2023:KHC:20766
                                        RFA No. 877 of 2016




                         JUDGMENT

The learned counsel for the respondent has filed a

memo dated 12.8.2021 stating that sole respondent died

on 30.5.2020.

The memo is placed on record.

Till today, no application is filed to bring the legal

representatives of deceased respondent on record.

Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

DM