B.M.Venkatesh vs Mylarappa
2024 Latest Caselaw 11908 Kant

Karnataka High Court

B.M.Venkatesh vs Mylarappa on 29 May, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                  NC: 2024:KHC:18192
                                               RSA No. 1503 of 2009




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 29TH DAY OF MAY, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                 REGULAR SECOND APPEAL NO. 1503 OF 2009 (PAR)
            BETWEEN:

            1.    B.M. VENKATESH,
                  S/O MYLARAPPA,
                  AGED ABOUT 45 YEARS.

            2.    NANJAMMA,
                  W/O MYLARAPPA,
                  AGED ABOUT 62 YEARS,

                  BOTH THE APPELLANTS
                  RESIDING AT BANAVATI VILLAGE,
                  SASALU HOBLI, DODDABALLAPUR TALUK,
                  BANGALORE DISTRICT - 561 203.
                                                       ...APPELLANTS
            (BY SMT. S.K. NAGARATHNA, ADVOCATE)
Digitally
signed by   AND:
MALATESH
KC
Location:   1.    MYLARAPPA,
HIGH
COURT OF          S/O LATE GANGAPPA,
KARNATAKA         AGED ABOUT 73 YEARS,

            2.    SANJEEVAMMA,
                  W/O MYLARAPPA,
                  AGED ABOUT 57 YEARS,

            3.    B.N. ASHWATHNARAYANA,
                  S/O MYLARAPPA,
                  AGED ABOUT 44 YEARS,
                                -2-
                                            NC: 2024:KHC:18192
                                         RSA No. 1503 of 2009




4.   B.M. SIDDAGANGAPPA,
     S/O MYLARAPPA,
     AGED ABOUT 40 YEARS,
     RESPONDENTS RESIDING AT
     BANAVATI VILLAGE, SASALU HOBLI,
     DODDABALLAPUR TALUK,
     BANGALORE DISTRICT - 561 203.
                                                ...RESPONDENTS
(BY SRI. K. HANUMANTHARAYAPPA, ADVOCATE FOR R1 TO R4)


      THIS RSA IS FILED U/S 100 OF CPC., AGAINST THE

JUDGMENT     AND    DECREE    DATED    26.6.2009    PASSED    IN

R.A.NO.144/2007 ON THE FILE OF THE PRL. DISTRICT &

SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE,

ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT

AND DECREE DATED 13.7.2007 PASSED IN O.S.25/2004 ON

THE FILE OF THE CIVIL JUDGE (SR.DN) DODDABALLAPUR.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                             ORDER

Smt. S.K.Nagarathna is present before this Court. She

submits that despite of best efforts she is not able to get the

details and instructions with regard to the legal representatives

of appellant Nos.1 and 2 who have died long ago.

NC: 2024:KHC:18192

2. Placing her submission on record, appeal stands

dismissed as abated.

Sd/-

JUDGE

LDC

CT: BHK