Sri Rangappa vs Sri K C Murugendraswamy
2024 Latest Caselaw 5598 Kant

Karnataka High Court

Sri Rangappa vs Sri K C Murugendraswamy on 22 February, 2024

                                                  -1-
                                                                 NC: 2024:KHC:7594
                                                              RSA No. 1754 of 2011




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 22ND DAY OF FEBRUARY, 2024
                                                BEFORE
                               THE HON'BLE MR JUSTICE G BASAVARAJA
                           REGULAR SECOND APPEAL NO. 1754 OF 2011 (PAR)


                      BETWEEN:

                      1.    SRI RANGAPPA
                            AGED ABOUT 55 YEARS
                            S/O NEELAKKANA RANGAIAH
                            R/AT SOMAJJANAPALYA
                            HULIYAR HOBLI, C.N.HALLI TALUK,
                            TUMKUR DISTRICT-572214.

                      2.    SRI S.R.SRIRANGAIAH,
                            AGED ABOUT 50 YEARS,
                            S/O RANGAIAH,
                            R/AT MARUTHI NAGAR,
                            NEAR ANJANEYASWAMY TEMPLE,
                            HULIYAR TOWN, C.N.HALLI TALUK,
                            TUMKUR DISTRICT-572214.
                                                                     ...APPELLANTS
                      (BY SRI. RAMESH BABU, ADV. FOR APPELLANT NO.1,
Digitally signed by    SRI. B.PRAMOD, ADV. FOR APPELLANT NO.2,
SANDHYA S
Location: High         APPELLANT 1 AND 2 ARE DEAD)
Court of Karnataka
                      AND:

                      SRI K C MURUGENDRASWAMY
                      AGED ABOUT 49 YEARS
                      S/O K.C.CHANNABASAPPA @ PUTTEGOWDA
                      R/AT KENKERE VILLAGE,
                      C.N.HALLI TALUK,
                      TUMKUR DISTRICT-572214.
                                                                    ...RESPONDENT
                      (BY SRI. A G SHIVANNA., ADVOCATE - DEAD)
                               -2-
                                             NC: 2024:KHC:7594
                                         RSA No. 1754 of 2011




     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 27.7.2010 PASSED IN
R.A.NO.35/2009 ON THE FILE OF THE I ADDL. DISTRICT
JUDGE, TUMKUR, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 27.2.2009 PASSED IN
O.S.NO.26/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN) &
JMFC., TIPTUR.

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

                         JUDGMENT

The memo is filed by the learned counsel for appellant

No.2 on 07.10.2021 seeking to permit him to retire from the

case. He also filed postal receipt and also acknowledgment.

Further, the very same counsel filed a memo dated 16.09.2021

as to the death of appellant No.1 Sri. Rangappa.

2. The order sheet dated 16.09.2021 reveals

that appellant No.1 Rangappa passed away. That on

17.12.2022, respondent counsel filed a memo as to the death

of appellant No.2 Srirangaiah. In view of death of appellant

No.2, there is no need to pass order on retirement memo filed

by the counsel for the appellant No.2. Accordingly, memo is

disposed off.

3. Further, it is submitted by the learned counsel

Sri. B.Pramod that respondent counsel Sri. A G Shivanna

NC: 2024:KHC:7594

passed away. In view of death of appellant Nos. 1 and 2, the

appeal against appellant Nos.1 and 2 is abated.

Send copy of this order to the respondent through

speed post.

Sd/-

JUDGE

SSD