Sri O N Panduranga Setty vs Smt Ramamani
2024 Latest Caselaw 14550 Kant

Karnataka High Court

Sri O N Panduranga Setty vs Smt Ramamani on 25 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                       NC: 2024:KHC:23737
                                                       RSA No. 94 of 2012




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 25TH DAY OF JUNE, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR SECOND APPEAL No.94 OF 2012 (DEC)
            BETWEEN:

                  SRI O. N. PANDURANGA SETTY
                  S/O. LATE NARAYANA SETTY
                  AGED ABOUT 75 YEARS
                  R/AT H. I. G. 40, SAI KALPAVRUKSHA
                  9TH MAIN, SHARADHADEVINAGAR
                  MYSURU.
                                                             ...APPELLANT
            (BY SRI A. RAVISHANKAR, ADVOCATE)
            AND:

            1.    SMT. RAMAMANI
                  W/O. LATE SATHYANARAYANA
                  SINCE DEAD
                  R2 TO R4 ARE TREATED AS LRS.

            2.    SRI RAMESH BABU
Digitally         S/O. LATE SATHYANARAYANA
signed by         AGED ABOUT 48 YEARS.
MALATESH
KC          3.    SMT. SARALADEVI
Location:         D/O. LATE SATHYANARAYANA
HIGH              AGED ABOUT 47 YEARS.
COURT OF
KARNATAKA
            4.    SMT. MANJULADEVI
                  D/O. LATE SATHYANARAYANA
                  AGED ABOUT 45 YEARS

                  ALL ARE RESIDING AT
                  DOOR NO.2402/1,
                  4TH MAIN, 5TH CROSS, VINAYAKANAGAR
                  MYSURU.
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                                          NC: 2024:KHC:23737
                                          RSA No. 94 of 2012




5.   O. N. SUBBAIAH SETTY
     SINCE DEAD BY HIS LRS

     5(A) SMT. SUMATHI
          W/O. LATE O. N. SUBBAIAH SETTY
          AGED ABOUT 75 YEARS

     5(B) BALAKRISHNA SETTY
          S/O. LATE O. N.SUBBAIAH SETTY
          AGED ABOUT 47 YEARS

         BOTH ARE RESIDING AT
         NO.1125/B, 8TH MAIN
         SARVAJANIKA HOSTEL ROAD
         MYSURU-570 008.

6.   M. N. NARASIMHA SETTY
     SINCE DEAD BY HIS LRS

     6(A) SMT. SHASHIREKHA
          W/O. LATE M. N. NARASIMHA SETTY
          AGED ABOUT 50 YEARS
          RESIDING AT NO.707, 1ST CROSS
          SOJI STREE, NEAR ASHOKA ROAD
          MYSURU.
                                         ...RESPONDENTS
(BY SRI SARAT CHANDRA BIJAI, ADVOCATE FOR C/R1;
 R5(A)-SERVED;
 V/O. DATED:13.03.2015, R2 TO R4 ARE TREATED AS
 LRS OF DECEASED R1;
 V/O. DATED:13.03.2015, NOTICE TO R5(B) AND
 R6(A) ARE DISPENSED WITH;
 M. RAJASHEKAR AND T. K. MOHAN DAS, ADVOCATES FOR
 R2 TO R4)
                                   -3-
                                                  NC: 2024:KHC:23737
                                                 RSA No. 94 of 2012




     THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 15.10.2011 PASSED IN
R.A.NO.1120/2010 ON THE FILE OF THE I ADDL. DISTRICT
JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED 9.9.2010
PASSED IN O.S.NO.4/1974 ON THE FILE OF THE I ADDL.
SENIOR CIVIL JUDGE & CJM, MYSORE.

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

                               ORDER

I.A.Nos.1/2020 to 3/2020 are filed to bring the legal

representatives of deceased sole appellant on record. Same is

not supported by the vakalath.

Accordingly, applications are dismissed, since sole

appellant has died and no legal representatives are brought on

record.

Consequently, appeal is dismissed as abated, by

operation of law.

Sd/-

JUDGE

kcm