Sri Sundara Kumble vs Sri D Monappa Gowda
2023 Latest Caselaw 8542 Kant

Karnataka High Court

Sri Sundara Kumble vs Sri D Monappa Gowda on 27 November, 2023

                                        -1-
                                                   NC: 2023:KHC:42722
                                                  RSA No. 902 of 2016




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                     BEFORE
             THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                REGULAR SECOND APPEAL NO. 902 OF 2016 (INJ)
             BETWEEN:

                 SRI SUNDARA KUMBLE
                 S/O CHANIYA BHANDARI,
                 AGED ABOUT 63 YEARS,
                 R/AT UJRE VILLAGE AND POST,
                 BELTHANGADY TALUK,
                 DAKSHINA KANNADA DISTRICT-506125.
                                                         ...APPELLANT
             (BY SRI. R S RAVI, ADVOCATE)

             AND:

                 SRI D MONAPPA GOWDA
                 S/O GUDDAPPA GOWDA,
Digitally        AGED ABOUT 53 YEARS,
signed by
CHAITHRA A       R/AT UJRE VILLAGE AND POST,
Location:        BELTHANGADY TALUK,
HIGH             DAKSHINA KANNADA DISTRICT-506125.
COURT OF                                               ...RESPONDENT
KARNATAKA
             (BY SRI. ABHINAV R, ADVOCATE)

                  THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
             JUDGEMENT     &   DECREE      DTD.30.1.2016 PASSED    IN
             R.A.NO.88/2003 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
             JUDGE & JMFC, BELTHANGADY, PARTLY ALLOWING THE
             APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
             DTD.16.8.2003 PASSED IN O.S.No.121/1996 ON THE FILE OF
             THE CIVIL JUDGE (Jr.Dvn.) & JMFC, BELTHANGADY, D.K.
                                -2-
                                             NC: 2023:KHC:42722
                                           RSA No. 902 of 2016




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

The counsel for respondent has filed a memo

indicating that sole appellant has died on 27.7.2018.

Memo is taken on record.

2. Learned counsel appearing for appellant

submits that no instructions are received from the legal

representatives.

3. Since the sole appellant has died in 2018, the

appeal abates and accordingly, the appeal is dismissed as

abated.

Sd/-

JUDGE

ALB