Smt N S Jayamma vs Sri Siddalingaiah
2024 Latest Caselaw 3386 Kant

Karnataka High Court

Smt N S Jayamma vs Sri Siddalingaiah on 5 February, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                               -1-
                                                             NC: 2024:KHC:4857
                                                         RSA No. 718 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF FEBRUARY, 2024

                                             BEFORE
                        THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                           REGULAR SECOND APPEAL NO. 718 OF 2016
                   BETWEEN:

                         SMT N S JAYAMMA,
                         W/O SRI.HONNAPPA,
                         D/O N.SIDDALINGAIAH,
                         AGED ABOUT 63 YEARS,
                         R/AT NO.129, 4TH MAIN, 9TH CROSS,
                         CHAMARAJPET, BANGALORE-560 018.
                                                                 ...APPELLANT
                   (BY SRI. AMBAJI RAO NAJRE., ADVOCATE)

                   AND:

                   1.    SRI SIDDALINGAIAH
                         S/O LATE N.KEMPAIAH,
                         AGED ABOUT 84 YEARS,
Digitally signed         RESIDING AT NO.49,
by V KRISHNA             KABHIRMATTA ROAD, SUNKENHALLI,
Location: High           HANUMANTHANAGAR, BANGALORE-560 019.
Court of
Karnataka
                   2.    SRI.N.S.VIJAYA
                         W/O SRIKANTEGOWDA,
                         D/O N.SIDDALINGAIAH,
                         AGED ABOUT 47 YEARS,
                         RESIDING AT NO.49,
                         KABHIRMATTA ROAD, SUNKENHALLI,
                         HANUMANTHANAGAR, BANGALORE-560 019.
                                                          ...RESPONDENTS
                   (BY SRI. ROOPESHA B FOR C/R., ADVOCATE)
                                -2-
                                               NC: 2024:KHC:4857
                                             RSA No. 718 of 2016




      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 12.02.2016
PASSED     IN   R.A.NO.80/2013    ON   THE    FILE   OF    THE   II
ADDITIONAL DISTRICT AND          SESSIONS JUDGE,          MANDYA,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 28.03.2013 PASSED IN O.S.NO.32/2009
ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND
CJM, MANDYA.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

There is no representation on behalf of the appellant.

Learned counsel for the respondent is present.

2. Learned counsel for respondent files a memo dated

08.12.2021 reporting the death of sole appellant having died on

24.01.2021. Copy of death certificate is also annexed to the

said memo.

3. Despite the memo reporting the death as far back

as 08.12.2021 till date no steps are taken to bring LR's of sole

appellant on record. Even today there is no representation on

behalf of appellant.

NC: 2024:KHC:4857

Hence, by operation of law and efflux of time, the appeal

stands abated.

Sd/-

JUDGE

THM