H.D.Gopinath vs L.Govindaraj
2023 Latest Caselaw 8770 Kant

Karnataka High Court

H.D.Gopinath vs L.Govindaraj on 28 November, 2023

                                      -1-
                                                 NC: 2023:KHC:42908
                                               RSA No. 2022 of 2021




              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. 2022 OF 2021 (RES)

            BETWEEN:

               H.D. GOPINATH
               S/O. H.L. DURGAPPA
               AGED ABOUT 60 YEARS
               R/O. LAKSHMAIAH BUILDING
               OPP. URBAN BANK
               JAIN TEMPLE ROAD
               HIRIYUR-577 598
               CHITRADURGA DISTRICT-572 599.

                                                       ...APPELLANT
            (BY SRI KALEEMULLAH SHARIFF, ADVOCATE)

            AND:

               L. GOVINDARAJ
Digitally      S/O. LATE LAXMAIAH
signed by      AGED ABOUT 80 YEARS
ALBHAGYA       R/AT NO.69, 11TH CROSS
Location:      INDIRANAGAR, I STAGE
HIGH           BENGALURU-560 038.
COURT OF
KARNATAKA
                                                     ...RESPONDENT
            [BY SRI AJAY GOVINDRAJ, ADVOCATE (VC)]

                 THIS APPEAL IS FILED UNDER SECTION 100 OF CPC.,
            PRAYING TO SET ASIDE THE JUDGMENT AND DECREE, IN R.A.
            NO.36/2019 DATED 08.07.2021, PASSED BY THE LEARNED
            SENIOR CIVL JUDGE & JMFC., HIRIYUR, REJECTING THE
            APPEAL AND THE JUDGMENT AND DECREE IN O.S.NO.52/2016,
            DATED 06.06.2019 PASSED BY THE LEARNED PRINCIPAL CIVIL
            JUDGE & JMFC., HIRIYUR, IN THE INTEREST OF JUSTICE.
                             -2-
                                         NC: 2023:KHC:42908
                                      RSA No. 2022 of 2021




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

                         JUDGMENT

Counsel for the respondent, on instructions, submits

that the sole appellant has died in December, 2022.

2. Submission is taken on record. As the sole

appellant has died in December, 2022, the appeal stands

abated.

3. However, counsel for the appellant shall comply

with the order of this Court dated 26.10.2023 and deposit

the costs of Rs.1,000/-, payable to the Karnataka High

Court Advocates Clerks' Welfare Fund, during the course of

the day.

Sd/-

JUDGE

GH