Sri S Venkateshagowda vs Sri Hanumanthappa
2024 Latest Caselaw 6033 Kant

Karnataka High Court

Sri S Venkateshagowda vs Sri Hanumanthappa on 28 February, 2024

                                              -1-
                                                        NC: 2024:KHC:8404
                                                      RSA No. 898 of 2014




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 28TH DAY OF FEBRUARY, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                      REGULAR SECOND APPEAL NO.898 OF 2014 (INJ)
                   BETWEEN:

                   SRI S VENKATESHAGOWDA,
                   S/O SONNAPPA,
                   AGED ABOUT 71 YEARS,
                   R/O SHAGATHUR VILLAGE,
                   YELDUR HOBLI,
                   SRINIVASAPUR TALUK,
                   KOLAR DISTRICT 563 101.
                                                             ...APPELLANT
                   (BY SRI. MURALI N .,ADVOCATE)
                   AND:

                   SRI HANUMANTHAPPA,
                   S/O MUNISWAMY,
                   AGED ABOUT 69 YEARS,
                   R/O KAMMASANDRA VILLAGE,
Digitally signed   HOLUR HOBLI, KOLAR TALUK
by R DEEPA
Location: HIGH     KOLAR DISTRICT 563 101.
COURT OF                                                    ...RESPONDENT
KARNATAKA
                   (BY SRI. RAMAKRISHNA HEGDE .,ADVOCATE)
                        RSA FILED U/S.100 OF CPC AGAINST THE JUDGEMENT &
                   DECREE DATED 20.03.2014 PASSED IN R.A.NO.162/2011 ON
                   THE FILE OF THE COURT OF THE III ADDITIONAL SENIOR
                   CIVIL JUDGE, KOLAR, DISMISSING THE APPEAL AND
                   CONFIRMING THE JUDGEMENT AND DECREE DTD 24.08.2011
                   PASSED IN O.S.NO.133/2006 ON THE FILE OF THE COURT OF
                   THE II ADDITIONAL CIVIL JUDGE, KOLAR AND ETC.
                                  -2-
                                              NC: 2024:KHC:8404
                                           RSA No. 898 of 2014




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


                           JUDGMENT

Learned counsel for the appellant filed memo

reporting the death of sole appellant as well as sole

respondent. Sole appellant died about 2 ½ years back and

sole respondent died about 1 year back.

2. The said memo is placed on record. The legal

representatives of deceased appellant have not filed an

application to come on record. Hence, By operation of law

the appeal is abated. Accordingly, appeal is dismissed as

abated.

4. In view of dismissal of the appeal, pending IAs

if any, do not survive for consideration.

Sd/-

JUDGE

AT