P.B. Kaveriappa vs P.K. Ponnamma
2024 Latest Caselaw 1065 Kant

Karnataka High Court

P.B. Kaveriappa vs P.K. Ponnamma on 11 January, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                             -1-
                                                           NC: 2024:KHC:1538
                                                     RSA No. 1574 of 2013




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 11TH DAY OF JANUARY, 2024

                                          BEFORE
                         THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      REGULAR SECOND APPEAL NO. 1574 OF 2013 (PAR)
                 BETWEEN:

                 1.    P.B. KAVERIAPPA,
                       S/O LATE P.A. BOPPAIAH,
                       AGED 49 YEARS,
                       R/AT NO.22, HOUSING BOARD COLONY,
                       NEAR MUTHAPPA TEMPLE,
                       BLOCK NO.9, MADIKERI TOWN,
                       KODAGU DISTRICT.

                 2.    P.B. AIYAPPA,
                       S/O. LATE P.A. BOPAIAH,
                       AGED 43 YEARS,
                       BSNL EMPLOYEE,
                       RESIDING AT SOMWARPET,
                       KODAGU DISTRICT - 571 236.
Digitally signed by
MOHANKUMAR M 3.        KUMARI KOMALA ,
Location: High         W/O KOOPADIRA DEVAIAH,
Court of Karnataka
                       AGED 33 YEARS,
                       R/AT ERALEVALAMUDI VILLAGE,
                       ABYALA POST, CHETTALLI,
                       SOMWARPET TALUK,
                       KODAGU DISTRICT - 571 248.
                                                               ...APPELLANTS
                 (BY SRI NAGAIAH AND
                     SRI R.D. PANCHAM, ADVOCATES)
                             -2-
                                        NC: 2024:KHC:1538
                                     RSA No. 1574 of 2013




AND:

1.   P.K. PONNAMMA,
     W/O LATE P.A. BOPAIAH,
     AGED 69 YEARS,
     R/AT NO.22, HOUSING BOARD
     COLONY, NEAR MUTHAPPA TEMPLE,
     BLOCK NO.9, MADIKERI TOWN,
     KODAGU DISTRICT - 571 201.

2.   D.M. PONNAPPA,
     S/O D.R. MUTHANNA,
     AGED 63 YEARS,
     R/AT BANE MOTTE,
     DECHUR, MADIKERI TOWN,
     KODAGU DISTRICT - 571 201.
                                          ...RESPONDENTS
(BY SRI S.R. RAVIPRAKASH, ADVOCATE FOR R2;
    SRI M.B. CHANDRACHOUDA ADVOCATE FOR R1)

       THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 11.7.2013 PASSED IN
R.A.NO.27/2010 ON THE FILE OF THE DISTRICT JUDGE,
MADIKERI, DISMISSING THE APPEAL FILED AGAINST THE
JUDGMENT     AND   DECREE   DATED   5.2.2010   PASSED   IN
O.S.NO.118/2000 ON THE FILE OF THE CIVIL JUDGE (SR.DN)
AND CJM, MADIKERI.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
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                                             NC: 2024:KHC:1538
                                         RSA No. 1574 of 2013




                          JUDGMENT

Counsel for respondent no.2 has filed a memo reporting

death of respondent no.2 on 25.08.2022. Till date, steps are

not taken.

In view of above, since respondent no.2 is only contesting

party, appeal is dismissed as abated.

Sd/-

JUDGE

MKM