Sri Kullegowda vs Sri B R Thimmegowda
2024 Latest Caselaw 15631 Kant

Karnataka High Court

Sri Kullegowda vs Sri B R Thimmegowda on 3 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                               -1-
                                                              NC: 2024:KHC:25144
                                                            RSA No. 1848 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 3RD DAY OF JULY, 2024

                                             BEFORE
                             THE HON'BLE MR JUSTICE V SRISHANANDA
                          REGULAR SECOND APPEAL NO. 1848 OF 2012 (DEC)
                   BETWEEN:

                   SRI. KULLEGOWDA S/O THIMMEGOWDA,
                   AGED ABOUT 78 YEARS,
                   R/AT BELTHUR VILLAGE,
                   AKKIHEBBAL HOBLI, K.R.PET TALUK,
                   MANDYA DISTRICT - 571 426.
                                                                     ...APPELLANT
                   (BY SRI. SIDDAMALLAPPA P.M., ADVOCATE)

                   AND:

                   1.   SRI. B.R.THIMMEGOWDA S/O RACHEGOWDA,
                        AGED ABOUT 66 YEARS,
                        HEAD MASTER, HEMAVATHY HIGH SCHOOL,
                        MANDAGERE VILLAGE, AKKIHEBBAL HOBLI,
                        KRISHNARAJAPET TALUK,
                        MANDYA DISTRICT - 571 426.

Digitally signed   2.   SRI. B.SWAMYGOWDA S/O RANGEGOWDA,
by YAMUNA K             R/AT BELTHUR VILLAGE,
L
                        AKKIHEBBAL HOBLI, KRISHNARAJAPET TALUK,
Location: High
Court of                MANDYA DISTRICT - 571 426.
Karnataka                                                         ...RESPONDENTS
                   (BY SRI. B ROOPESHA, ADVOCATE FOR R1;
                       V/O DATED 15.04.2019, APPEAL AGAINST
                       R2 IS DISMISSED AS ABATED)

                         THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGEMENT
                   & DECREE DATED 12.2.2012 PASSED IN R.A.NO.52/2009 ON THE
                   FILE OF SENIOR CIVIL JUDGE AND JMFC, K.R.PET, DISMISSING THE
                   APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED
                   26.8.2009 PASSED IN OS.NO.107/95 ON THE FILE OF CIVIL JUDGE
                   (JR.DN.), JMFC, KRISHNARAJAPETE.
                                      -2-
                                                    NC: 2024:KHC:25144
                                               RSA No. 1848 of 2012




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


                                 JUDGMENT

Respondent No.1 said to have died on 17.11.2022.

Till today, no steps have been taken to bring the legal

representatives of deceased-respondent No.1 on record.

In fact, appeal is dismissed as abated in respect of respondent

No.2 by order dated 15.04.2019. Accordingly, appeal stands

dismissed as abated.

Sd/-

JUDGE

SMJ