Sri. Rangegowda @ Papanna vs Smt. Puttamma
2024 Latest Caselaw 11753 Kant

Karnataka High Court

Sri. Rangegowda @ Papanna vs Smt. Puttamma on 28 May, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                      NC: 2024:KHC:18091
                                                    RSA No. 1368 of 2011




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 28TH DAY OF MAY, 2024

                                     BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                REGULAR SECOND APPEAL NO. 1368 OF 2011 (MON)
              BETWEEN:

                 SRI. RANGEGOWDA @ PAPANNA,
                 S/O SRI. NANJEGOWDA,
                 AGED ABOUT 63 YEARS,
                 R/O SOPPINAHALLI VILLAGE,
                 KASABA HOBLI,
                 CHANNARAYAPATNA TALUK,
                 HASSAN DISTRICT.
                                                            ...APPELLANT
              (BY SRI. K.N. NITHISH, ADVOCATE FOR
                  SRI. K.V. NARASIMHAN, ADVOCATE)

              AND:

                 SMT. PUTTAMMA,
                 W/O RAMAKRISHNEGOWDA,
Digitally
signed by R      SINCE DEAD BY HER LRS
MANJUNATHA
Location:
HIGH COURT       SRI. RAMAKRISHNEGOWDA,
OF
KARNATAKA        S/O SATTIGOWDA,
                 AGED ABOUT 60 YEARS,
                 R/O SOPPINAHALLI VILLAGE, KASABA HOBLI,
                 CHANNARAYAPATNA TALUK,
                 HASSAN DISTRICT.
                                                      ...RESPONDENT
              (BY SRI. S.A. PRASANNA KUMAR, ADVOCATE)
                               -2-
                                            NC: 2024:KHC:18091
                                         RSA No. 1368 of 2011




     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 18.8.2010 PASSED IN
R.A.NO.209/2009 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, CHANNARAYAPATNA, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 16.6.2009 PASSED IN O.S.NO.14/2003 ON THE FILE OF
THE CIVIL JUDGE (SR.DN) CHANNARAYAPATNA.

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

Learned counsel for the appellant on 28.05.2024 has

filed a memo. The memo reads as under:

"The LR of sole respondent is no more. Inspite of best efforts, his legal representatives are not being capable of traced. As such, it is prayed that this Hon'ble Court be pleased to dismiss the appeal as abated, reserving liberty to file applications for seeking setting aside abatement, if any claim is raised by anyone claiming to be LR's, in future, in the interest of justice and equity."

2. In view of the above memo, appeal is dismissed as abated.

Sd/-

JUDGE