Sri Sidda Shetty vs Dr M V Seetharam
2024 Latest Caselaw 12145 Kant

Karnataka High Court

Sri Sidda Shetty vs Dr M V Seetharam on 31 May, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                          NC: 2024:KHC:18558
                                                        RSA No. 261 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 31ST DAY OF MAY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 261 OF 2018 (POS)

                   BETWEEN:

                   1.    SRI SIDDA SHETTY
                         S/O SRI LAKSHMI SHETTY,
                         AGED ABOUT 62 YEARS
                         SRI MANJUNAHA NILAYA,
                         7TH DAY SCHOOL ROAD,
                         ARAVIND NAGAR,
                         BASAVANAHALLI EXTENSION,
                         CHIKKAMANGALURU CITY-577101.
                                                                  ...APPELLANT
                                (BY SRI. SACHIN B.S., ADVOCATE)
                   AND:

                   1.    DR. M.V. SEETHARAM
                         S/O LATE VENKATASWAMY,
                         AGED ABOUT 85 YEARS
Digitally signed
by DEVIKA M              R/O ARAVIND NAGAR,
Location: HIGH           BASAVANAHALLI EXTENSION,
COURT OF                 CHIKKAMAGALURU CITY-577101.
KARNATAKA
                                                              ...RESPONDENT

                                (BY SMT.KALPANA P.V., ADVOCATE)

                        THIS RSA IS FILED UNDER SECTION 100 OF CPC,
                   AGAINST THE JUDGMENT AND DECREE DATED 04.11.2017
                   PASSED IN R.A.NO.67/2017 ON THE FILE OF THE 1ST
                   ADDITIONAL SENIOR CIVIL JUDGE, CHIKKAMAGALURU,
                   ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
                   AND DECREE DATED 17.07.2017 PASSED IN O.S.NO.428/2014
                   ON THE FILE OF THE 2ND ADDITIONAL CIVIL JUDGE AND JMFC,
                   CHIKKAMAGALURU.
                                -2-
                                            NC: 2024:KHC:18558
                                           RSA No. 261 of 2018




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

                          JUDGMENT

On 01.03.2023, this Court granted two weeks time to

bring the legal representatives of deceased appellant and

respondent on record and till date, the counsel has not filed

application either to bring the legal representatives of deceased

appellant or to bring the legal representatives of deceased

respondent.

Accordingly, the appeal is dismissed as abated.

Sd/-

JUDGE

ST