Chandra Bai vs Smt Rekha R
2024 Latest Caselaw 18620 Kant

Karnataka High Court

Chandra Bai vs Smt Rekha R on 25 July, 2024

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                                                    NC: 2024:KHC:29198-DB
                                                     RFA No. 735 of 2019




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 25TH DAY OF JULY, 2024

                                      PRESENT
                       THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                           AND
                           THE HON'BLE MR JUSTICE C M JOSHI
                    REGULAR FIRST APPEAL NO. 735 OF 2019 (INJ)
                BETWEEN:

                CHANDRA BAI,
                W/O LATE MAHADEVA RAO,
                AGED ABOUT 72 YEARS,
                R/AT NO.451E, TYPE-III,
                1ST FLOOR, RAILWAY QTRS,
                M.G.COLONY, NEAR RAILWAY
                HOSPITAL, OKALIPURAM,
                BENGALURU-560 023.
                                                             ...APPELLANT
                (BY MS. SNEHA YADAV, ADVOCATE FOR
                    SRI B M HALASWAMY, ADVOCATE)

Digitally       AND:
signed by
NANDINI R
Location:       1. SMT. REKHA R,
High Court of
Karnataka          AGED ABOUT 48 YEARS.

                2. KUMARI SAI SMRUTHI,
                   D/O SMT. REKHA R,
                   REP. BY HER MOTHER AND NATURAL
                   GUARDIAN SMT. REKHA R.

                   RESPONDENT NO.1 & 2 ARE
                   R/AT UDAYAGIRI, NO.53/A,
                   2ND CROSS, NEW KEB COLONY,
                            -2-
                                     NC: 2024:KHC:29198-DB
                                       RFA No. 735 of 2019




   UDAYAGIRI POST,
   MYSORE-570 019.

3. THE DIVISIONAL RAILWAY MANAGER (DRM),
   SENIOR DIVISIONAL PERSONAL OFFICER,
   SOUTH WESTEREN RAILWAY,
   2ND FLOOR, BENGALURU-560 023.
                                         ...RESPONDENTS
(BY SMT. NIRAJA KARANTH, ADVOCATE FOR
    SRI K SRIHARI, ADVOCATE FOR R1 & R2;
    MS. KAVITHA H.C, ADVOCATE FOR R3)

     THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE ORDER DATED 19.02.2019 PASSED ON IA NO.3 IN OS
NO.1774/2018 ON THE FILE OF THE XLIV ADDL.CITY CIVIL
AND SESSIONS JUDGE, BENGALURU ALLOWING THE IA NO.III
FILED UNDER ORDER VII RULE 11[d] OF CPC. FOR REJECTION
OF PLAINT.

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:   HON'BLE MR JUSTICE V KAMESWAR RAO
         AND
         HON'BLE MR JUSTICE C M JOSHI


                      ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

Learned counsel for respondent Nos.1 and 2 has filed a

memo dated 25.07.2024 stating that the sole appellant has

died on 31.07.2023.

NC: 2024:KHC:29198-DB

2. If that be so, the appeal stands abated by virtue of

operation of law.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(C M JOSHI) JUDGE

NR/-