Karnataka High Court
Sri M Ashwathaiah vs Sri Thimmaraye Gowda on 28 November, 2023
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NC: 2023:KHC:42919
RSA No. 1811 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.1811 OF 2016 (PAR)
BETWEEN:
SRI M ASHWATHAIAH
S/O LATE MUNIMARAIAH
AGED ABOUT 68 YEARS
R/AT VEERANANJEEPURA
KASABA HOBLI
BUDHIHAL POST - 562 123
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT
...APPELLANT
(BY SRI. SHIVAKUMAR P, ADVOCATE)
AND:
Digitally
signed by
ALBHAGYA 1. SRI.THIMMARAYE GOWDA
Location: S/O LATE GANGAPPA
HIGH AGED ABOUT 76 YEARS
COURT OF R/AT ISTHOOR, KANASWADI POST
KARNATAKA
MADHURE HOBLI - 506 316
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT
2. SMT.PUTTALAKSHMAMMA
W/O LATE A.HANUMANTHAIAH
AGED ABOUT 74 YEARS
R/AT DEGANAHALLI
BUDHIHAL POST - 562 123
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NC: 2023:KHC:42919
RSA No. 1811 of 2016
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT
3. SRI G.RAJANNA
S/O LATE S.GANGAPPA
AGED ABOUT 71 YEARS
R/AT ISTHOOR, KANASWADI POST
MADHURE HOBLI - 506 316
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT
4. SMT.G SAROJAMMA
W/O LATE RANGASWAMY
AGED ABOUT 68 YEARS
R/AT NO.144, 5TH PHASE
6TH CROSS, WEST OF CHORD ROAD
INDUSTRIAL TOWN
RAJAJINAGAR
BENGALURU-560 010
5. SMT.LAKSHMAMMA
W/O LATE T G ANJANAPPA
AGED ABOUT 66 YEARS
R/AT THAVAREKERE - 562130
MAGADI MAIN ROAD
BENGALURU SOUTH TALUK
6. SRI S G JAYARAMAIAH
S/O LATE S.GANGAPPA
AGED ABOUT 61 YEARS
R/AT NO.1224, ANJANADRI NILAYA
7TH MAIN, RPC LAYOUT
VIJAYANAGAR
BENGALURU - 560 040
7. SMT.SHANTHAMMA
W/O LATE B T THIMMAPPA
R/AT NO.208, 5TH CROSS
THIRUMALAPPA LAYOUT
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NC: 2023:KHC:42919
RSA No. 1811 of 2016
SUBHASHNAGRA
NEAR ANGANAVADI
NELAMANGALA - 562 123
BENGALURU RURAL DISTRICT
8. SMT.SHANTHALAKUMARI
W/O S G JAYARAMAIAH
AGED ABOUT 51 YEARS
9. SMT. J.SWETHA
W/O S G JAYARAMAIAH
AGED ABOUT 23 YEARS
10. SMT J NITHYA
W/O S G JAYARAMAIAH
AGED ABOUT 21 YEARS
RESPONDENT NOS.8 TO 10
ARE R/AT NO.224
ANJANADRI NILAYA
7TH MAIN, RPC LAYOUT
VIJAYANAGAR
BENGALURU-560 040
...RESPONDENTS
(BY SRI. GANESH BHAT Y H FOR C/R1-R10, ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 25.08.2016 PASSED IN
R.A.NO.10029/2015 ON THE FILE OF IV ADDITIONAL DISTRICT
AND SESSION JUDGE, DODDABALLAPURA, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 13.10.2015 PASSED IN O.S.NO.220/2008 ON THE FILE
OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS, DODDABALLAPUR AND ETC.
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NC: 2023:KHC:42919
RSA No. 1811 of 2016
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for respondent Nos.1
to 10 has filed a memo reporting the death of sole
appellant, who died on 31.12.2021 and his legal
representatives were not brought on record within the
stipulated period. Hence, prays to dismiss the appeal as
abated.
2. The said memo is taken on record.
3. In view of the above said memo, this appeal is
dismissed as abated.
Pending applications, if any, are also dismissed.
Sd/-
JUDGE
NBM
