Sri Muneppa vs Smt Venkatamma
2024 Latest Caselaw 1052 Kant

Karnataka High Court

Sri Muneppa vs Smt Venkatamma on 11 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                            NC: 2024:KHC:1462
                                                         RSA No. 2139 of 2007




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF JANUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO. 2139 OF 2007 (DEC/INJ)

                   BETWEEN:

                   SRI MUNEPPA
                   AGED ABOUT 50 YEARS
                   S/O CHIKKAMUNI SONNAPPA
                   R/AT PACHARLAHALLI VILLAGE
                   SUGUTUR HOBLI, KOLAR TALUK
                   KOLAR DISTRICT
                                                                 ...APPELLANT
                   (BY SRI. M R NANJUNDA GOWDA, ADVOCATE)

                   AND:

                   1.    SMT. VENKATAMMA
                         AGED ABOUT 50 YEARS
                         W/O NARAYANAPPA
Digitally signed         R/AT PINDIPAPANAHALLI VILLAGE
by SHARANYA T            SUGUTUR HOBLI, KOLAR TALUK
Location: HIGH           KOLAR DISTRICT.
COURT OF
KARNATAKA
                   2.    SMT. NAREMMA
                         AGED ABOUT 35 YEARS
                         D/O MUNEERAPPA
                         R/AT PINDIPAPANAHALLI VILLAGE
                         SUGUTUR HOBLI, KOLAR TALUK
                         KOLAR DISTRICT
                                                           ...RESPONDENTS
                   (VIDE ORDER DATED 20.04.2021,
                   APPEAL AGAINST R1 IS ABATED;
                   [VIDE ORDER DATED 11.01.2024, R2 -ABATED]
                   SMT. VEENA KUMAR M., ADVOCATE FOR R2)
                               -2-
                                             NC: 2024:KHC:1462
                                         RSA No. 2139 of 2007




     THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGEMENT    &  DECREE DTD:      15.06.07 PASSED  IN
R.A.NO.58/2005 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT-III, KOLAR AND ETC.

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

                         JUDGMENT

Though the counsel for the appellant reported the death

of respondent No.2 in the month of August 2023, this Court

granted two weeks time on 29.08.2023. Again, on 21.09.2023,

at the request of the counsel for the appellant, granted a

week's time to take necessary steps in respect of respondent

No.2. But till date, steps are not taken against respondent No.2

even after lapse of four months. Hence, the appeal against

respondent No.2 is abated. Consequently, the appeal is

dismissed since the appeal against respondent No.1 was also

abated vide order dated 20.04.2021.

Sd/-

JUDGE

SN