B R Shivarudraiah S/O Late Rudraiah vs Ravikumar S/O B.R. Chandrashekaraiah
2024 Latest Caselaw 10132 Kant

Karnataka High Court

B R Shivarudraiah S/O Late Rudraiah vs Ravikumar S/O B.R. Chandrashekaraiah on 8 April, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                          NC: 2024:KHC:14465
                                                         RSA No. 624 of 2009




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 8TH DAY OF APRIL, 2024

                                             BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO.624 OF 2009 (PAR)

                   BETWEEN:

                   1.   B.R.SHIVARUDRAIAH,
                        S/O LATE RUDRAIAH,
                        AGED ABOUT 69 YEARS,
                        R/O. BEVINAHALLI VILLAGE,
                        KUPPUR POST,
                        CHIKKANAYAKANAHALLI TALUK,
                        TUMKUR DISTRICT-572 214.
                                                                 ...APPELLANT

                          (BY SRI M.VINAYA KEERTHY, ADVOCATE [ABSENT])

                   AND:

                   1.   RAVIKUMAR,
                        S/O B.R.CHANDRASHEKARAIAH,
Digitally signed
                        MAJOR, HULIKERE VILLAGE,
by SHARANYA T           KADUR TALUK,
Location: HIGH          CHIKMAGALUR DISTRICT-577 102.
COURT OF
KARNATAKA
                   2.   B.R. CHANDRASHEKAIRAIAH,
                        S/O LATE RUDRAIAH,
                        MAJOR,
                        R/O MARANAGERE VILLAGE,
                        TIPTUR TALUK,
                        TUMKUR DISTRICT-572 214.

                   3.   GOWRAMMA,
                        W/O BASAVARAJU,
                        MAJOR.

                   4.   SHIVAGANGAMMA,
                        W/O MALLAIAH,
                        (DESERTED WOMAN)
                               -2-
                                            NC: 2024:KHC:14465
                                          RSA No. 624 of 2009




    RESPONDENTS NO.3 AND 4 ARE
    RESIDENTS OF BEVINAHALLI VILLAGE,
    CHIKKANAYAKANAHALLI TALUK,
    TUMKUR DISTRICT-572 114.
                                                ...RESPONDENTS

       (BY SRI RUDRESH, ADVOCATE FOR R1 [ABSENT];
                  R2, R3, R4 ARE SERVED)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGEMENT AND DECREE DATED 29.08.2008
PASSED IN R.A.NO.01/2006 ON THE FILE OF THE PRL.
DISTRICT JUDGE, TUMKUR, DISMISSING THE APPEAL FILED
AGAINST THE JUDGEMENT AND DECREE DATED 11.11.2005
PASSED IN O.S.19/1993 ON THE FILE OF THE CIVIL JUDGE (SR.
DN.) AND JMFC, TIPTUR.

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

                        JUDGMENT

This matter is called twice in the morning session and in

the afternoon session and there is no representation on behalf of

the appellant. The death of the appellant was reported on

05.01.2024 stating that he died on 05.12.2023 and this Court

granted time and steps were not taken. On 01.04.2024,

another one week's time was granted to take steps on payment

of cost of Rs.1,000/- payable at the Registry. Inspite of

imposing of cost and time granted, steps are not taken to bring

the legal representatives of the deceased appellant on record.

This Court had made it clear that if the cost is not paid and

steps are not taken within one week, the appeal stands abated.

NC: 2024:KHC:14465

Inspite of it, the cost is not paid and also not filed any necessary

application. Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

MD