Sri Krishnappa Gowda vs Sri B Vasudeva Bhat
2023 Latest Caselaw 6360 Kant

                                               -1-
                                                            NC: 2023:KHC:32144
                                                          RSA No. 1345 of 2009




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
                                             BEFORE
                        THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                        REGULAR SECOND APPEAL NO.1345 OF 2009 (INJ)

                   BETWEEN:

                   SRI. KRISHNAPPA GOWDA,
                   S/O ANNAYYA GOWDA,
                   AGED ABOUT 64 YEARS,
                   R/OF NADUMUTTU HOUSE,
                   SULLIA KASABA VILLAGE,
                   SULLIA TALUK, D.K. - 577 001.
                                                                  ...APPELLANT
                   (SRI. KRISHNAPPA GOWDA, APPELLANT IS DEAD)

                   AND:

                   1.    SRI. B. VASUDEVA BHAT,
                         S/O. SUBRAYA BHAT,
                         AGED ABOUT 63 YEARS,
                         R/AT BAPPAKODI HOUSE,
                         MUNI VILLAGE,
Digitally signed         BANTWAL TALUK, D.K. - 574 211.
by CHAITHRA P
Location: HIGH
COURT OF           2.    SRI. KESHAVA MOORTHI,
KARNATAKA                S/O ANANTHA BHAT,
                         AGED ABOUT 81 YEARS,
                         R/AT KALLAPALLI HOUSE,
                         PANATHADI VILLAGE,
                         HOSADURGA TALUK,
                         KASARAGOD DISTRICT,
                         KERALA STATE - 671 121.
                   3.    SRI. B.C. VASUDEVA BHAT,
                         S/O RAMA BHAT,
                         AGED ABOUT 77 YEARS,
                         R/AT KUNTIKANA HOUSE,
                             -2-
                                         NC: 2023:KHC:32144
                                      RSA No. 1345 of 2009




    AMARAMUDNOOR VILLAGE,
    SULLIA TALUK D.K. - 577 201.
                                            ...RESPONDENTS
(BY SRI. RAMACHANDRA B., ADVOCATE FOR R1;
    SRI. B. V. GANGI REDDY, ADVOCATE FOR R2;
    R3 - IS SERVED BUT UNREPRESENTED)

      THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, AGAINST THE JUDGMENT & DECREE
DATED:20.6.2009 PASSED IN R.A.NO.31/2006 ON THE FILE
THE ADDL. CIVIL JUDGE (SR.DN) & JMFC., PUTTUR D.K,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED:28.2.2006 PASSED IN O.S.NO.113/2003
ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., SULLIA,
D.K. AND ETC.

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

                        JUDGMENT

There is no representation on behalf of the appellant.

2. Court Notice was issued to the appellant.

3. The report from the Senior Civil Judge and

JMFC, Sullia, D.K. shows that the sole appellant has died

on 01.11.2022.

4. In view of the report of death of the appellant,

this appeal does not survive for consideration.

NC: 2023:KHC:32144 RSA No. 1345 of 2009

5. In view of the above, the appeal stands

dismissed as abated.

Sd/-

JUDGE

ABK

CT:PH