M Chinna Swamy vs Sri Rama Rao
2024 Latest Caselaw 772 Kant

Karnataka High Court

M Chinna Swamy vs Sri Rama Rao on 9 January, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                               -1-
                                                            NC: 2024:KHC:929
                                                         RSA No. 298 of 2013




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 9TH DAY OF JANUARY, 2024

                                            BEFORE
                            THE HON'BLE MR JUSTICE RAVI V HOSMANI
                          REGULAR SECOND APPEAL NO. 298 OF 2013 (INJ)
                   BETWEEN:

                          M. CHINNA SWAMY,
                          S/O M.MALLAIAH,
                          AGED ABOUT 72 YEARS,
                          RETD. HEALTH INSPECTOR,
                          DOOR NO.2240/6-AL,
                          2ND CROSS, CHURCH ROAD,
                          K.R.BADAVANE,
                          CHANNAPATNA - 571 501,
                          RAMANAGARA DISTRICT.
                                                                ...APPELLANT
                   (BY SRI M.C. JAYAKIRTHI, ADVOCATE)

                   AND:

Digitally signed by 1.    SRI. RAMA RAO,
MOHANKUMAR M
                          S/O LATE NARAYANA RAO,
Location: High
Court of                  AGED ABOUT 65 YEARS,
Karnataka                 DOOR NO.2240/6-A,
                          CHURCH ROAD, 2ND CROSS,
                          K.R.BADAVANE,
                          CHANNAPATNA TOWN - 571 501.

                   2.     THE COMMISSIONER,
                          RAMANAGARAM-CHANNAPATNA,
                          URBAN DEVELOPMENT AUTHORITY,
                          IJOOR, B.M.ROAD,
                          RAMANAGARAM - 571 511.
                                -2-
                                               NC: 2024:KHC:929
                                            RSA No. 298 of 2013




3.    THE COMMISSIONER,
      CITY MUNICIPAL COUNCIL,
      CHANNAPATNA - 571 501.
                                                ...RESPONDENTS
(R2 AND R3 SERVED BUT UNREPRESENTED)

       THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT       &   DECREE     DATED:7.11.2012       PASSED    IN
R.A.NO.105/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC.,    CHANNAPATTANA,      DISMISSING     THE   APPEAL     AND
CONFIRMING          THE      JUDGEMENT         AND       DECREE
DATED:26.11.2010 PASSED IN OS.NO.78/2001 ON THE FILE
OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC., CHANNAPATNA.

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

                           JUDGMENT

On perusal of order sheet, it is seen that death of

respondent no.1 was noted in year 2017. Till date, steps are

not taken. Learned counsel for appellant submits that he has no

instructions about legal representatives.

In view of above, since only respondent no.1 is contesting

party and appeal would not survive, appeal stands dismissed as

abated.

Sd/-

JUDGE

MKM