Sri.S.Phakeerappa vs Giriyappa
2023 Latest Caselaw 1912 Kant

                                                -1-
                                                            RSA No. 849 of 2009




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 16TH DAY OF MARCH, 2023

                                              BEFORE
                              THE HON'BLE MR JUSTICE R. NATARAJ
                      REGULAR SECOND APPEAL NO. 849 OF 2009 (INJ)
                   BETWEEN:
                   SRI. S.PHAKEERAPPA
                   S/O SHANKARAPPA,
                   AGED 49 YEARS,
                   R/O THAMDEHALLI VILLAGE,
                   SIRIGERE POST-577211,
                   SHIMOGA TALUK,
                   SHIMOGA DISTRICT.
                                                                   ...APPELLANT
                   (BY SMT. ARUNA BHAT, ADVOCATE FOR SRI. G. LAKSHMEESH RAO,
                   ADVOCATE)

                   AND:
                   GIRIYAPPA
                   S/O KUMBALAPPA
                   AGED 76 YEARS
                   R/O THAMDEHALLI VILLAGE, SIRIGERE POST
Digitally signed   SHIMOGA TALUK,
by SUMA            SHIMOGA DISTRICT - 577211
Location:                                                         ...RESPONDENT
HIGH COURT
OF                 (VIDE ORDER DATED 02.08.2012 SERVICE OF NOTICE IS HELD
KARNATAKA          SUFFICIENT)
                          THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF
                   CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE
                   DATED 17.12.2008 PASSED IN R.A.NO.157/2006 ON THE FILE OF
                   THE II ADDL. CIVIL JUDGE (SR. DN.) SHIMOGA,   ALLOWING   THE
                   APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
                   26.10.2006 PASSED IN OS.NO.157/2000 ON THE FILE OF THE II
                   ADDL. CIVIL JUDGE (JR.DN.), SHIMOGA.
                               -2-
                                         RSA No. 849 of 2009




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


                          JUDGMENT

Learned counsel for the appellant submits that the sole

appellant died on 30.12.2016. However, no steps are taken by

the legal representatives of the deceased - appellant to come

on record.

In that view of the matter, this appeal is dismissed as

having abated.

Sd/-

JUDGE

PMR