Mrs M K Kovilamma vs Sri Kumaran Children'S Home Education ...
2023 Latest Caselaw 7965 Kant

Karnataka High Court

Mrs M K Kovilamma vs Sri Kumaran Children'S Home Education ... on 21 November, 2023

Author: V Srishananda

Bench: V Srishananda

                                                 -1-
                                                                NC: 2023:KHC:41878
                                                          RFA No. 1144 of 2008




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 21ST DAY OF NOVEMBER, 2023
                                               BEFORE
                              THE HON'BLE MR JUSTICE V SRISHANANDA
                           REGULAR FIRST APPEAL NO. 1144 OF 2008 (MON)
                      BETWEEN:
                         MRS. M. K. KOVILAMMA
                         AGED ABOUT 91 YEARS
                         W/O LATE RAMA VARMA
                         RESIDING AT H.GOLAHALLI
                         P.O. CHUNANDANAPURA,
                         KENGARI, BANGALORE - 560 060.

                            (REPRESENTED BY HER G.P.A. HOLDER
                            R.MOHANDAS)
Digitally signed by
R MANJUNATHA                                                          ...APPELLANT
Location: HIGH
COURT OF              (BY SRI. V VINOD REDDY
KARNATAKA                 K.J.JAGADESH AND PRAVEEN R.J., ADVOCATES)

                      AND:
                      1. SRI. KUMARAN CHILDREN'S HOME EDUCATION
                         COUNCIL
                         TATA SILK FARM,
                         BANGALORE - 560 004.
                         A SOCIETY REGISTERED UNDER THE
                         KARNATAKA SOCIETIES REGISTRATION ACT, 1960.
                         REPRESNETED BY ITS SECRETARY
                         MRS. MEENAKSHI BALAKRISHNAN.

                      2.    MR. N. SUBRAMANIAM
                            AGED ABOUT 82 YEARS
                            RESIDING AT NO.4/1A,
                            DIWAN MADHAVA RAO RAOD,
                            BASAVANAGUDI
                            BANGALORE 560 004

                                                              ...RESPONDENTS
                      (BY SRI. M D RAGHUNATH AND
                          SRI. HITESHKUMAR JAIN, ADVOCATE FOR R1;
                                   -2-
                                                  NC: 2023:KHC:41878
                                                RFA No. 1144 of 2008




     SRI. G.R.ANANTHARAM, ADVOCATE FOR
      PROPOSED LRS OF R2)

     THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGEMENT AND DECREE DATED 04.08.2008 PASSED BY THE
COURT O THE XIII ADDITIONAL CITY CIVIL JUDGE MAYOHALL
UNIT, BANAGALORE IN O.S.NO.10386/1989 IN SETTING ASIDE
THE JUDGMENT DECREE DATED 13-09-2005 PASSED BY
ALLOWING THE ABOVE APPEAL WITH COSTS IN THE INTEREST
OF JUSTICE AND EQUITY.

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



                           JUDGMENT

1. Counsel for the appellant submits that appellant died on

04.05.2015. Till today no application is filed to bring the

legal representative of the deceased appellant on record.

Further, I.A No.1/2013 is filed to bring the legal

representative of deceased respondent No.2 on record.

2. Sri.G.R.Anantharam, counsel for the proposed legal

representative of deceased respondent No.2 submits that

respondent No.2 died during the pendency of the suit on

26.12.2005 and for not taking appropriate steps, the suit

came to be dismissed as abated as against respondent

No.2 and therefore, the present application filed vide I.A

No.1/2013 is to be dismissed.

NC: 2023:KHC:41878

3. Taking note of the fact that the legal representatives of the

deceased appellant has not been brought on record, appeal

needs to be dismissed as abated by operation of law.

Further, if the respondent No.2 is a co-defendant, suit

against the co-defendant came to be dismissed as abated

in the Trial Court. I.A No.1/2013 is also dismissed.

Sd/-

JUDGE

UN,