Govindappa vs Mylanna
2024 Latest Caselaw 4827 Kant

Karnataka High Court

Govindappa vs Mylanna on 16 February, 2024

                                               -1-
                                                         NC: 2024:KHC:6679
                                                       RSA No. 316 of 2009




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                              BEFORE
                            THE HON'BLE MR JUSTICE G BASAVARAJA
                        REGULAR SECOND APPEAL NO. 316 OF 2009 (RES)


                   BETWEEN:

                   GOVINDAPPA,
                   S/O. LATE THIPPANNA,
                   AGED ABOUT 75 YEARS,
                   R/AT DYAGERAHALLI VILLAGE
                   SIRA TALUK,
                   TUMKUR DISTRICT - 572 139
                                                              ...APPELLANT
                   (BY MS. RAJESHWARI K.P., FOR
                   SRI. KUKKAJE RAMAKRISHNA BHAT, ADVOCATE)

                   AND:

                   1.    MYLANNA,
                         S/O. MAHALINGAPPA,
                         AGED 63 YEARS
Digitally signed
by SANDHYA S
Location: High     2.    AYATHARAPPA ,
Court of
Karnataka                S/O MAHALINGAPPA,
                         AGED 61 YEARS

                   3.    REVANNA,
                         S/O. MAHALINGAPPA
                         AGED 59 YEARS

                   4.    PATHANNA
                         S/O MAHALINGAPPA,
                         AGED 56 YEARS
                           -2-
                                       NC: 2024:KHC:6679
                                    RSA No. 316 of 2009




5.   DODDALINGAPPA
     S/O MAHALINGAPPA
     AGED 71 YEARS

6.   HANUMAKKA,
     DEAD REP. BY LRS.,
     R-7 AND R-8

7.   POOJANNA,
     W/O MAHALINGAPPA,
     AGED 55 YEARS,

8.   RAMESH,
     S/O LATE ERANNA
     AGED 50 YEARS

     ALL ARE RESIDING AT
     YARAVARAHALLI VILLAGE,
     DYAGERHALLI POST,
     GLOWDAGERE HOBLI,
     SIRA TALUK- 572 139.
                                        ...RESPONDENTS
(BY SRI. B. VIJAY SHETTY, ADVOCATE FOR C/R2;
SRI. K. CHANNAPPA, FOR R-2, R-7 AND R-8;
R1, R3 AND R4 SERVED;
V/O. DATED 20/11/2012, R-7 AND R-8 ARE TREATED AS
LRS., OF DECEASED R-6;
V/O. DATED 13.02.2014 NOTICE TO R-5 HELD SUFFICIENT)

      THIS RSA FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT AND DECREE DATED 14.11.2008 PASSED IN
R.A.NO.64/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.),
SIRA, ALLOWING THE APPEAL AND SETTING THE JUDGEMENT
AND DECREE DATED 25.9.2006 PASSED IN OS.NO.32/2004
ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN.) & JMFC,
SIRA.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                -3-
                                            NC: 2024:KHC:6679
                                          RSA No. 316 of 2009




                          JUDGMENT

Appellant's counsel has produced Xerox copy of 'Death

Certificate' of sole appellant Sri.Govindappa, who died on

08.09.2012 and submits that the legal representatives of the

appellant have no interest to come on record.

Since the legal representatives of the appellant have no

interest to come on record, the appeal against the appellant is

abated.

Trial Court records shall be returned to the concerned

Courts along with copy of this order.

Sd/-

JUDGE

AP