Nagaraj vs P.Narayanaswamy
2024 Latest Caselaw 4497 Kant

Karnataka High Court

Nagaraj vs P.Narayanaswamy on 14 February, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                         NC: 2024:KHC:6397
                                                       RSA No. 526 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF FEBRUARY, 2024

                                              BEFORE
                           THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO. 526 OF 2014 (PAR)
                   BETWEEN:

                   NAGARAJ,
                   S/O LATE PILLAPPA,
                   AGED 35 YEARS,
                   KUTHANDLAHALLI VILLAGE,
                   VOKKALERI HOBLI,
                   KOLAR TALUK,
                   KOLAR DISTRICT - 563 130.
                                                              ...APPELLANT
                   (BY SMT.NEERAJA KARANTH, ADVOCATE FOR
                       SRI. SHRIHARI K., ADVOCATE)

                   AND:

                   1.    P. NARAYANASWAMY,
Digitally signed         S/O LATE PILLAPPA,
by
MOHANKUMAR               AGED 40 YEARS,
M
Location: High
Court of
Karnataka          2.    NANJAMMA,
                         W/O LATE PILLAPA,
                         AGED 53 YEARS,

                   3.    GOPALAPPA,
                         S/O LINGAPPA,
                         AGED 46 YEARS,

                   4.    SREEDHARAIAH,
                         S/O SEENAPPA, MAJOR,
                               -2-
                                       NC: 2024:KHC:6397
                                     RSA No. 526 of 2014




     NO.1 TO 4 ARE RESIDING IN
     KUTHANDLAHALLI VILLAGE,
     VOKKALERI HOBLI,
     KOLAR TALUK,
     KOLAR DISTRICT - 560 130.

5.   SMT.PREMA,
     W/O SREEDHARA,
     AGED 30 YEARS,
     C/O CHANDRAMMA,
     HOUSE NO.16, 14TH CROSS,
     AGRAHARA DASARAHALLI VILLAGE,
     MAGADI ROAD,
     BANGALORE - 79.

6.   SMT.SUMA,
     W/O SREEDHARA,
     AGED MAJOR,
     C/O CHANDRAMMA,
     HOUSE NO.16, 14TH CROSS,
     AGRAHARA DASARAHALLI VILLAGE,
     MAGADI ROAD,
     BANGALORE - 79.

7.   SMT.MANJULA,
     W/O MARKONDAPPA,
     AGED 45 YEARS,
     ANEPURA VILLAGE,
     KONDASHETTANAHALLI,
     MALUR TALUK - 570 056.
                                         ...RESPONDENTS
(BY SRIYUTHS. UMESH B N & K N MANJUNATH, ADVOCATES
    FOR R3;
    SRI.K.MANJUNATHA, ADVOCATE FOR R1 AND R4;
    SRI.SATHYANARAYANA M., ADVOCATE FOR R2 AND
    R5 TO R7)
                               -3-
                                              NC: 2024:KHC:6397
                                         RSA No. 526 of 2014




     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGMENT & DECREE DATED 25.10.2013 PASSED IN
R.A.NO.18/2013 ON THE FILE OF II ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, KOLAR, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
28.1.2010 PASSED IN OS.NO.278/2005 ON THE FILE OF I
ADDITIONAL CIVIL JUDGE (JR.DN.), KOLAR.

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

Perusal of order sheet would reveal that death of sole

appellant was recorded on 11.10.2022. Till date steps are not

taken.

Hence, appeal is dismissed as abated.

Sd/-

JUDGE

MKM