Karnataka High Court
Sri N Jambu vs Smt Puttalakshmamma on 7 June, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:20476
RSA No. 767 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL No.767 OF 2011(DEC/INJ)
BETWEEN:
1. SRI N JAMBU
S/O K NINGAIAH
SINCE DEAD BY HIS LRS
1(a) SMT.N.VANAJAKSHAMMA
W/O CHIKKAHOMBAIAH
D/O LATE K.NINGAIAH
AGED ABOUT 65 YEARS
R/O NO.1668, 3RD CROSS
VIDYANAGAR, MANDYA
1(b) SMT. N PANKAJAMMA
W/O S KRISHNAPPA &
D/O LATE K NINGAIAH
AGED ABOUT 60 YEARS
R/O NO.96/11, 23RD CROSS,
K R LAYOUT, J P NAGAR,
Digitally 6TH STAGE, BENGALURU
signed by R
MANJUNATHA
1(c) SMT M N PRAMEELA KUMARI @ KANYAKUMARI
Location:
HIGH COURT W/O SITARAM AND
OF D/O LATE K NINGAIAH
KARNATAKA AGED ABOUT 57 YEARS
R/O SRINIVASAPURA,
UMAADAHALLI GATE,
MANDYA - 571 428
...APPELLANTS
(BY SRI DARSHAN FOR SRI KEMPANNA, ADVOCATES)
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RSA No. 767 of 2011
AND:
1. SMT PUTTALAKSHMAMMA
W/O SRI N KADAIAH
AGED ABOUTG 57 YEARS
ARALAHALLI VILLAGE,
MYSORE NAGAMANGALA ROAD,
VISHWESWARA NAGAR,
PANDAVAPURA TALUK,
MANDYA DISTRICT
2. SRI N KADAIAH
S/O LATE K NINGAIAH
AGED ABOUT 70 YEARS
R/O HARALAHALLI VILLAGE,
MYSORE NAGAMANGALA ROAD,
VISHWESHWARA NAGAR,
PANDAVAPURA TALUK,
MANDYA DISTRICT
SINCE DEAD BY HIS LEGAL REPRESENTATIVES
2(a) SMT.PUTTALAKSHMAMMA
W/O LATE KADAIAH
AGED ABOUT 73 YEARS
2(b) MAHESHA
S/O LATE KADAIAH
AGED ABOUT 51 YEARS
RESPONDENT NO.2(a) AND 2(b) ARE
RESIDING AT HARALAHALLI VILLAGE
VISHWESHWARANAGAR
PANDAVAPURA TALUK
MANDYA DISTRICT.
2(c) SMT.BANUMATHI
W/O VISHWESHWARAIAH
AGED ABOUT 49 YEARS
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RSA No. 767 of 2011
2(d) SMT.RAJESHWARI
W/O LOKESH
AGED ABOUT 47 YEARS
RESPONDENT NO.2(c) AND 2 (d) ARE
RESIDING AT HARALAHALLI VILLAGE
VISHWESHWARANAGAR
PANDAVAPURA TALUK
MANDYA DISTRICT.
2(e) THEJASWANI @ SWETHA
W/O M.K.LOKESH
AGED ABOUT 36 YEARS
R/AT NO.19/11, 5TH CROSS
6TH PHASE, K.R.LAYOUT
J.P.NAGAR,
BANGALORE
2(f) SMT.DAKSHAYINI
D/O LATE N.KADAIAH
AGED ABOUT 32 YEARS
R/AT HARALAHALLI, V.V.NAGAR
PANDAVAPURA TALUK
3. SRI N SHIVASHANKARA MURTHY
SINCE DEAD BY HIS LRS
3(a) PAULINE D SOUZA
W/O LATE N SHIVASHANKARAMURTHY
AGED ABOUT 29 YEARS
3(b) DEEPAK S
S/O LATE N SHIVASHANKARA MURTHY
AGED ABOUT 49 YEARS
3(c) ANVITHA
BEING MINOR REPTD BY HER
MOTHER AS A GUARDIAN PAULIN D SOUZA
I E 3(A),
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RSA No. 767 of 2011
3(a) TO 3(c) ARE THE
APPLICANTS AND RESIDENTS OF
D NO.1668, 3RD CROSS,
VIDYA NAGAR, MANDYA
4. N. MALLIKARJUNA
S/O K.NINGAIAH
AGED ABOUT 43 YEARS
R/O 3RD CROSS, VIDYANAGAR,
MANDYA.
...RESPONDENTS
(BY SRI S RAJASHEKAR AND SRI K.E.JAGADEESHA,
ADVOCATES FOR R1;
R2(A), R2(C), R2(D), R2(E) ARE SERVED;
R2(F) SERVED ON I.A.NO.1/14 TO I.A.3/14 NOTICE NOT
ORDERED ON PROPOSED LEGAL REPRESENTATIVES (A TO C),
R4;
VIDE ORDER DATED 19.04.21, DUE TO NON TAKING OF STEPS
APPEAL AGAINST R2(B) STAND DISMISSED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 25.11.2010
PASSED IN R.A.NO.120/2005 ON THE FILE OF THE PRL.
DISTRICT JUDGE, MANDYA, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DATED 24.11.2001
PASSED IN O.S.NO.340/1997 ON THE FILE OF THE PRL. CIVIL
JUDGE (JR.DN), MANDYA.
THIS RSA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORDER
Sri Darshan, advocate, for Sri Kempanna, learned counsel
for the appellants is present.
2. Learned counsel submits that appellant Nos.1(a),
1(b) and respondent No.4 have died in the year 2020 and
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despite of his best efforts, he could not get the details of the
legal representatives of the deceased parties, to bring them on
record.
3. Since the parties are said to have died in the year
2020, by operation of law, appeal stands abated.
4. Accordingly, appeal is dismissed as abated.
Sd/-
JUDGE
kcm
