Mrs Sarojini Thimothi vs Mr Madhukar Raviraj Wilson
2024 Latest Caselaw 11738 Kant

Karnataka High Court

Mrs Sarojini Thimothi vs Mr Madhukar Raviraj Wilson on 28 May, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                          -1-
                                                     NC: 2024:KHC:17844
                                                   RSA No. 1778 of 2016




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 28TH DAY OF MAY, 2024

                                        BEFORE
                        THE HON'BLE MR JUSTICE K.NATARAJAN
                    REGULAR SECOND APPEAL NO. 1778 OF 2016 (POS)
               BETWEEN:

               MRS. SAROJINI THIMOTHI,
               D/O LATE SRI. GABRIEL RAMOS,
               AGED ABOUT 78 YEARS,
               NO.5/26, MISSION COMPOUND,
               POST: BAPPANAD VILLAGE - 574 154,
               MULKY, MANGALORE TALUK,
               D.K.
                                                             ...APPELLANT
               (BY SRI. CHANDRANATH ARIGA K., ADVOCATE)

               AND:

               1.    MR. MADHUKAR RAVIRAJ WILSON,
                     S/O LATE SRI. WRENSON FREDRIC WILSON,
Digitally
signed by V          AGED ABOUT 61 YEARS,
KRISHNA              EMPLOYED AT SHATTAF GROUP,
Location:            P.O.BOX NO.574, SHARJAH,
High Court           U.A.E.
of Karnataka         BY HIS GENERAL POWER OF
                     ATTORNEY HOLDER
                     SRI.U.MAHESH KUMAR RAO,
                     AGED ABOUT 54 YEARS,
                     S/O LATE SRI.U.N.RAO,
                     JOHN VILLA,
                     MONKEY STAND CROSS ROAD,
                     JEPPU
                     MANGALORE - 575 002.
                                -2-
                                            NC: 2024:KHC:17844
                                         RSA No. 1778 of 2016




2.   MRS.SENORITA RAMOLA,
     AGED ABOUT 54 YEARS,
     D/O SRI. M.THIMOTHI,
     EMPLOYED AT BLUE DIAMOND,
     READYMADE GARMENTS INDUSTRIES,
     P.O.BOX 53, AJMAN,
     U.A.E.
                                                ...RESPONDENTS
(BY SRI. SANATH KUMAR SHETTY K., ADVOCATE FOR C/R1)

     THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGMENT & DECREE DATED 16.07.2016 PASSED IN R.A.NO.
54/2011 ON THE FILE OF THE I ADDL. DISTRICT AND
SESSIONS JUDGE, D.K., MANGALORE, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 01.04.2011 PASSED IN OS.NO.257/2005 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND A.C.J.M., KARKALA.

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

                          JUDGMENT

Learned counsel for the respondent submits that he has

already brought to the notice of this Court that the sole

appellant has already dead, who died on 01.09.2021, by filing

the memo dated 13.01.2022. This Court has given sufficient

opportunities to the appellant's counsel to bring the legal

representatives of the sole appellant on record. But no

application is filed so far, for the last two hears. Hence, there

is no question of granting any adjournment for the appellant's

counsel since the appeal is automatically abates due to the

NC: 2024:KHC:17844

death of sole appellant. Hence the appeal is dismissed as

abated.

Sd/-

JUDGE

YKL