H Mariyappa vs Dodda Siddiah Since Deceased By Lrs
2024 Latest Caselaw 11586 Kant

Karnataka High Court

H Mariyappa vs Dodda Siddiah Since Deceased By Lrs on 27 May, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                        NC: 2024:KHC:17689
                                                    RSA No. 1487 of 2011




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 27TH DAY OF MAY, 2024

                                       BEFORE

                     THE HON'BLE MR JUSTICE V SRISHANANDA

                  REGULAR SECOND APPEAL NO.1487 OF 2011 (SP)

            BETWEEN:
            1. H MARIYAPPA
               AGED 86V YEARS,
               S/O.MARIAH,
               R/AT.HOSA HALLI, BEEJIPURA HOBLI,
               MALAVALLI TALUK 571425.
                                                               ...APPELLANT
            (BY SRI. M P NATARAJA.,ADVOCATE- ABSENT)
            AND:
            1. DODDA SIDDIAH SINCE DECEASED BY LRS
               a) MAHADEVAMMA
               b) PUTTASIDDAMMA
               c) MALAGARASAMMA

                 All MAJORS AND ALL RESIDING AT:
                 HOSA HALLI, BEEJIPURA HOBLI,
                 MALAVALLI TALUK.

            2.   MAHADEVA S/O DODDASIDDAIAH,
Digitally
signed by        HOSAHALLI VILLAGE, B. G. PURA HOBLI,
MALATESH         MALAVALLI TALUK 571425.
KC
                                                          ...RESPONDENTS
Location:
HIGH        (BY SRI. L RAJA, ADV. FOR R1(B) & R2;
COURT OF        R1(C) SERVED;
KARNATAKA       V/O DTD:8/3/2019-APPEAL AGAINST R1(A) IS DISMISSED)

                 THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE
            JUDGMENT AND DECREE DATED 24.1.2011 PASSED IN UR
            R.A.NO.49/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC.,
            MALAVALLI, DISMISSING THE APPEAL FILED AGAINST THE
            JUDGMENT     AND    DECREE     DATED28.1.2005    PASSED   IN
            O.S.NO.141/1995 ON THE FILE OF THE CIVIL JUDGE (JR.DN)
            MALAVALLI.
                                -2-
                                             NC: 2024:KHC:17689
                                          RSA No. 1487 of 2011




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

                          JUDGMENT

On 16.03.2021 this Court noted the submission of

the counsel for respondent Nos.1(B) and 2 that sole

appellant is said to have died about 3 years earlier.

2. Till today no steps are taken to bring the

Legal representatives of the deceased sole appellant on

record and also there is no appearance on behalf of the

appellant. Accordingly, appeal stands dismissed as

abated.

Sd/-

JUDGE

LDC