Sri Raju vs Sri Channa Mallaiah
2024 Latest Caselaw 26661 Kant

Karnataka High Court

Sri Raju vs Sri Channa Mallaiah on 7 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                    -1-
                                                               NC: 2024:KHC:44862
                                                             RSA No. 2185 of 2008




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 7TH DAY OF NOVEMBER, 2024
                                                   BEFORE
                            THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO.2185 OF 2008 (DEC)
                   BETWEEN:
                          SRI RAJU,
                          S/O.BANDE RAMAIAH,
                          AGED ABOUT 52 YRS,
                          R/AT.NO.1732,K.N. PURA,
                          KYATHAMARANAHALLI,
                          NAZARBAD MOHALLA,
                          MYSORE - 570 001.

                                                                     ...APPELLANT
                   (BY SRI RAJU R., PARTY-IN-PERSON (DEAD)
                   AND:
                   1.      SRI CHANNA MALLAIAH,
                           S/O.BASAVAIAH,
                           DIED, REP BY HIS LRs

                   1(a)    MALLESH,
                           AGED 40 YEARS,

                   1(b) UMESH,
Digitally signed        AGED ABOUT 32 YEARS,
by ANUSHA V
Location: High     1(c)    VISHWA,
Court Of                   AGED ABOUT 28 YEARS,
Karnataka
                           R1(a - c) ARE SONS OF
                           CHANNAMALLAIAH,

                   1(d) LAKSHMI
                        D/O CHANNAMALLAIAH,
                        AGED ABOUT 40 YEARS,

                           ALL ARE R/A 1ST CROSS,
                           BEHIND GANAPATHI TEMPLE,
                           SOLIGHATTA COLONY, 2ND STAGE,
                           GAYATHRIPURAM, MYSORE-19.
                                -2-
                                               NC: 2024:KHC:44862
                                            RSA No. 2185 of 2008




2.     SMT. SUSHEELAMMA,
       AGED ABOUT 62 YEARS,
       R/A IN FRONT OF GANESHA TEMPLE,
       KYATHAMARANAHALLI,
       NAZRABAD MOHALLA,
       MYSORE - 570 001.

                                                  ...RESPONDENTS
[BY SRI HARSHA KUMAR GOWDA H.R., ADV FOR R1(a-d) (PH);
    V/O DATED 21.08.2012 NOTICE TO R2 IS H/S]
     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT
& DECREE DTD 28.2.06 PASSED IN R.A.NO 74/04 ON THE FILE OF
THE PRESIDING OFFICER, FTC-1, MYSORE, DISMISSING THE APPEAL
FILED AGAINST THE JUDGMENT AND DECREE DATED 21.7.94
PASSED IN O.S.NO.960/86 ON THE FILE OF THE PRL. I MUNSIFF,
MYSORE.


     THIS APPEAL, COMING ON FOR ORDERS,               THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI


                        ORAL JUDGMENT

As per order dated 21.09.2016, Court notice was issued

to appellant. Report of jurisdictional Civil Court indicates death

of appellant on 04.10.2022. A copy of death certificate is also

appended.

In view of above and since legal representatives have not

come on record, appeal is dismissed as abated.

Sd/-

(RAVI V HOSMANI) JUDGE

GRD