Karnataka High Court
Parakodi J W/O P. Jayaram vs Lakshminarayana Shetty S/O Lt ... on 5 August, 2024
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NC: 2024:KHC:31028
RSA No. 1340 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO.1340 OF 2009 (INJ)
BETWEEN:
PARAKODI J
W/O P. JAYARAM
AGED ABOUT 49 YRS.,
REP. BY GENERAL POWER OF ATTORNEY HOLDER
P. JAYARAM (HUSBAND)
S/O PERIYANNA GOUNDER
R/A VIJAYANAGAR, BANGARPET TOWN,
BANGARPET, KOLAR DIST.
...APPELLANT
(BY SRI. R.P. SOMASHEKHARAIAH, ADVOCATE)
AND:
Digitally signed
by R DEEPA 1. LAKSHMINARAYANA SHETTY
S/O LT MUNIYAPPA SHETTY
Location:
SINCE DEAD BY HIS LEGAL REPRESENTATIVES
HIGH COURT
OF 1(A) SMT. PADMAMMA
KARNATAKA AGED ABOUT 67 YEARS
W/O SRI. LAKSHMINARAYANA SETTY
R/AT 4TH MAIN, 6TH CROSS
AMARAVATHI NAGAR
BANGARPET TOWN, BANGARPET TALUK
1(B) SMT. RUCKMANIYAMMA
AGED ABOUT 48 YEARS
W/O SRI. MUNIVENKATAPPA
D/O SRI. LAKSHMINARAYANA SETTY
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RSA No. 1340 of 2009
R/AT VOKKALERI VILLAGE AND POST
MALUR TALUK, KOLAR DISTRICT.
1(C) SMT. UMADEVI
AGED ABOUT 46 YEARS
W/O SRI. S. GOVINDA SETTY
D/O LAKSHMINARAYANA SETTY
R/AT BEHIND KEB, DANDU ROAD
BANGARPET TOWN, BANGARPET TALUK
1(D) SMT. RATHNAMMA
AGED ABOUT 42 YEARS
W/O SRI. VIJAY KUMAR
D/O SRI. LAKSHMINARAYANA SETTY
R/AT TALKIES ROAD, PARVATHI NAGAR,
ATTIBELE, BENGALURU
1(E) SRI. M.L. ANANDKUMAR
AGED ABOUT 40 YEARS
D/O SRI. LAKSHMINARAYANA SETTY
R/AT 4TH MAIN, 6TH CROSS
AMARAVATHI NAGAR, PARVATHI NAGAR,
ATTIBELE, BENGALURU
1(F) SRI. NAGENDRA
AGED ABOUT 37 YEARS
S/O SRI. LAKSHMINARAYANA SETTY
R/AT 4TH MAIN, 6TH CROSS
AMARAVATHI NAGAR, PARVATHI NAGAR,
ATTIBELE, BENGALURU
1(G) SMT. DHANALAKSHMI
AGED ABOUT 36 YEARS
W/O SRI. RAMAKRISHNA
D/O SRI. LAKSHMINARAYANA SETTY
R/AT UTTANURU VILLAGE AND POST
BANGARPET TOWN, BANGARPET TALUK
...RESPONDENTS
(BY SRI. D. PRABHAKAR, ADVOCATE FOR R1(A) TO R1(G))
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RSA No. 1340 of 2009
THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DATED 18.08.2009 PASSED IN
R.A.NO.205/2002 ON THE FILE OF THE PRL. CIVIL JUDGE, (SR.
DN.), KGF, ALLOWING THE APPEAL AND FILED AGAINST THE
JUDGEMENT AND DECREE DATED 26.08.2002 PASSED IN
OS.NO.308/2001 ON THE FILE OF THE I ADDL. CIVIL
JUDGE, (JR. DN.), KGF.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
Learned counsel for the appellant filed a memo for
withdrawal of the appeal stating that the appellant filed a
suit in O.S.No.308/2001 and the said suit came to be
decreed. Aggrieved by the said decree, the defendant
preferred an appeal before the first Appellate Court in
R.A.No.205/2002 and the same came to be allowed as per
the judgment and decree dated 18.08.2009. Aggrieved by
the judgment passed by the first Appellate Court, the
appellant has filed this second appeal. During the
pendency of the appeal, the sole defendant died and his
legal representatives are brought on record as
respondents No.1(a) to 1(g). Since the suit was against
NC: 2024:KHC:31028
the sole defendant, cause of action for filing the suit
against sole defendant also comes to an end because of
the death of sole defendant and the right to continue the
proceedings against the legal representatives of sole
defendant will not continue. Hence, the appeal may be
disposed of as having become infructuous and learned
counsel may be permitted to withdraw the appeal with
liberty to file a fresh suit, in case, if anybody interferes
with the peaceful possession and enjoyment of the
schedule property.
2. Memo is placed on record.
3. Accordingly, the appeal is dismissed as
withdrawn.
Sd/-
(ASHOK S. KINAGI)
JUDGE
RD
