Sri K Suryanarayan Shetty vs Sri Aswatnarayan Shetty
2024 Latest Caselaw 12804 Kant

Karnataka High Court

Sri K Suryanarayan Shetty vs Sri Aswatnarayan Shetty on 7 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                       NC: 2024:KHC:20174
                                                     RSA No. 1848 of 2011




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 7TH DAY OF JUNE, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA

                    REGULAR SECOND APPEAL NO.1848 OF 2011 (SP)
              BETWEEN:

              SRI K SURYANARAYAN SHETTY
              S/O LATE KRISHNAIAH SHETTEE
              AGED ABOUT 65 YEARS
              R/A DODDAPETE EXTENSION
              KORATAGERE, KORATAGERE TALUK
              TUMKUR DIST- 572101
                                                             ...APPELLANT
              (BY SRI P N NANJA REDDY, ADVOCATE)
              AND:

              1.    SRI ASWATNARAYAN SHETTY
                    S/O LATE N SRINIVAS SETTEE
                    MAJOR IN AGE
                    R/AT NO.60, VIJAYA BANK COLONY
                    BANNERAGATTA ROAD, NO.76
Digitally           BANGALORE-560076
signed by R
MANJUNATHA
              2.    SRI R RAJANNA
Location:
HIGH COURT          S/O RAMASWAMAPPA
OF                  AGED ABOUT 45 YEARS
KARNATAKA           R/AT DINNEPALYA VILLAGE
                    KASAB HOBLI
                    KORATAGERE TALUK
                    TUMKUR DIST-572 101
                                                          ...RESPONDENTS
              (R2 -SERVED;
              VIDE ORDER DATED 23.06.2016 APPEAL STANDS DISMISSED
              AGAINST R1)
                                  -2-
                                                NC: 2024:KHC:20174
                                              RSA No. 1848 of 2011




     THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 15.12.2010
PASSED IN R.A.NO.111/2007 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE & JMFC., MADHUGIRI, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 24.3.2007 PASSED IN O.S.NO.8/2000 ON THE FILE OF
THE CIVIL JUDGE (JD) & JMFC., KORATAGERE.

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

                             JUDGMENT

Sri P.N. Nanjareddy, learned counsel for the appellant is

present. He submits that the sole appellant died five years

earlier and despite best efforts, he could not get the details of

the legal representatives of the sole appellant to prosecute the

appeal further.

Placing the submission on record, appeal stands

dismissed as abated by operation of law.

Sd/-

JUDGE

MR