Karnataka High Court
Sri B Laxmana vs A G Puttaswamy Since Dead By Lrs on 3 June, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:18916
RSA No. 928 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL No.928 OF 2011 (INJ)
BETWEEN:
SRI B LAXMANA
AGED ABOUT 68 YEARS
S/O AKKIHALLI BANAPPA
R/O DODDABUKKASAGARA VILLAGE,
SAKARAYAPATNA HOBLI
KADUR TALUK
CHIKMAGALUR DISTRICT-577 548
...APPELLANT
(BY SRI H R MANJUNATHA, ADVOCATE)
AND:
1. A G PUTTASWAMY
SINCE DEAD BY LEGAL REPRESENTATIVES
a) SMT GOWRAMMA
Digitally AGED ABOUT 64 YEARS
signed by R/O C/O DAYANANDAPPA
MALATESH NEAR YELLAMMA TEMPLE
KC
Location: KOTE (FORT) HOSADURGA
HIGH CHITRADURGA DISTRICT-577 527
COURT OF
KARNATAKA
b) SAMPATHKUMAR
AGED ABOUT 38 YEARS,
R/O C/O ACHAR SHARADAMMA
R/O BHOOTHANAGUDI RIGHT SIDE,
HOSAMANE, BHADRAVATHI TOWN,
SHIMOGA DISTRICT-577 301
c). SUDHAKAR
AGED ABOUT 30 YEARS,
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NC: 2024:KHC:18916
RSA No. 928 of 2011
R/O STD BOOTH OWNER
HIRIYUR VILLAGE AND POST-577 598
d). SMT ANURADHA
W/O GOPALA
AGED ABOUT 32 YEARS,
C/O GOPAL BUS OWNER,
SRE BUS, JANGAMANAGARA,
HOSADURGA POST,
CHITRADURGA DISTRICT-577 527
e). SMT MAMATHA
W/O RAJANNA
AGED ABOUT 29 YEARS,
C/O RAJANNA MERCHANT,
GORAVAIAH STREET,
TARIKERE TOWN-577 228
f). SMT GEETHA
W/O KUMAR
AGED ABOUT 29 YEARS
C/O KUMAR S/O VENKATAPPA
KANCHIPURA VILLAGE,
HOSADURGA TALUK
CHITRADURGA DISTRICT-577 527
g). SHAMASUNDAR
AGED ABOUT 28 YEARS,
SRE BUS OWNER
JANGAMANAGARA
HOSADURGA,
CHITRADURGA DISTRICT -577 527
R1(a) is Wife, R1(b)(c) and (g) ARE SONS
AND R1 (d) to (f) ARE DAUGHTERS OF
LATE A.G.PUTTASWAMY
2. H DASAPPA
S/O GUDIYAPPA
AGED ABOUT 71 YEARS,
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NC: 2024:KHC:18916
RSA No. 928 of 2011
R/O C/O SURESH
AMCO BATTERY FACTORY
BELLARY ROAD,
BANGALORE-560 032
3. A G SRINIVASA
AGED ABOUT 66 YEARS,
S/O A GUDIYAPPA
SINCE DEAD REPRESENTED BY HIS
LEGAL REPRESENTATIVES
a) SMT SAVITHRAMMA
W/O A.G.SRINIVASA
AGED ABOUT 60 YEARS,
b) SRI A S NATARAJA
S/O LATE A G SRINIVASA
AGED ABOUT 36 YEARS,
c) SRI A S GIRISHA
S/O LATE A G SRINIVASA
AGED ABOUT 33 YEARS,
RESPONDENT 3(a) to (c) ARE
R/O SHIVANI VILLAGE
TARIKERE TALUK,
CHIKKAMAGALUR DISTRICT-577 549
4. A G RAMACHANDRAPPA
AGED ABOUT 60 YEARS,
S/O A GUDIYAPPA
TEACHER,
BANASHANKARI STREET,
SHIVANI VILLAGE AND HOBLIT
TARIKERE TALUK,
CHIKKAMAGALUR DISTRICT-577 549
5. B ANURADHA
AGED ABOUT 53 YEARS,
W/O A G RAJKUMAR
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NC: 2024:KHC:18916
RSA No. 928 of 2011
D/O A GUDIYAPPA
BANASHANKARI STREET
HOSADURGA POST,
CHITRADURGA DISTRICT
...RESPONDENTS
(BY SRI PRAVEEN KUMAR RAIKOTE, ADVOCATE FOR R1(b-g)
AND R4;
R3(a), R3(b), R3(c), R5 ARE SERVED;
VIDE ORDER DATED 16.06.23 R1(b) TO (g) ARE LEGAL
REPRESENTATIVES OF DECEASED R1(a);
VIDE ORDER DATED 27.05.2024, SERVICE OF NOTICE TO R2
IS HELD SUFFICIENT)
THIS RSA IS FILED UNDER SECTION 100 OF CIVIL
PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE
DATED 27.03.2006 PASSED IN R.A.NO.29/01 ON THE FILE OF
THE CIVIL JUDGE (SENIOR DIVISION),TARIKERE, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 21.04.2001 PASSED IN O.S.NO.106/97 ON THE FILE OF
THE CIVIL JUDGE (JR.DN.) ADDL. JMFC, TARIKERE.
THIS RSA COMING ON FOR FURTHER ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Sri H.R.Manjunatha, learned counsel for the appellant
files a memo reporting the death of sole appellant on
23.01.2023. He also submits that, despite his best efforts,
could not get the details of legal representatives of deceased
sole appellant.
NC: 2024:KHC:18916
Placing the memo on record and the submission made by
learned counsel for the appellant, appeal stands dismissed as
abated.
Sd/-
JUDGE
kcm
