Smt Kalyanamma vs Sri Nagaraju
2024 Latest Caselaw 27288 Kant

Karnataka High Court

Smt Kalyanamma vs Sri Nagaraju on 13 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                  -1-
                                                                 NC: 2024:KHC:45902
                                                             RSA No. 871 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                                 BEFORE

                           THE HON'BLE MR JUSTICE RAVI V HOSMANI

                         REGULAR SECOND APPEAL NO. 871 OF 2014 (SP)


                   BETWEEN:

                   1.    SMT KALYANAMMA,
                         W/O LATE S LINGAIAH,
                         AGED ABOUT 82 YEARS,

                   2.    SMT. NINGAMMA,
                         D/O LATE S LINGAIAH,
                         AGED ABOUT 57 YEARS,

                         BOTH ARE R/O ALURU VILLAGE,
                         KASABA HOBLI, MADDUR TALUK - 571 401.
                                                                      ...APPELLANTS
                   [BY SRI HARSHA Y.D., ADVOCATE (PH)]


                   AND:


                   1.    SRI NAGARAJU,
Digitally signed         S/O LATE S LINGAIAH,
by ANUSHA V              AGED ABOUT 37 YEARS,
Location: High
Court Of           2.    SRI RAMESH,
Karnataka                S/O LATE S. LINGAIAH,
                         AGED ABOUT 37 YEARS,

                   3.    SMT. CHIKKATHAYAMMA,
                         W/O LATE S. LINGAIAH,
                         AGED ABOUT 63 YEARS,
                         RESPONDENTS 1 TO 3 ARE
                         R/A NO.E83, 2ND MAIN ROAD,
                         4TH CROSS, KEMPEGOWDA NAGARA
                         BANGALORE - 560 068.
                                  -2-
                                                 NC: 2024:KHC:45902
                                                RSA No. 871 of 2014




4.    ACCOUNT GENERAL,
      KARNATAKA STATE GOVERNMENT,
      BANGALORE - 560 001.
                                                    ...RESPONDENTS
[BY SRI K.M. NARENDRA PRASAD, ADVOCATE FOR R1;
    V/O/D 21.02.2019, APPEAL ABATES AGAINST R2;
    SRI RAMAKRISHNA HEGDE, ADVOCATE AND
     SRI A.S.ROOPESH KUMAR, ADVOCATE FOR
    PROPOSED R2 (a);
    R2(b) IS MINOR REP. BY R2(a);
    SRI G.SURESH, ADVOCATE FOR R3;
    R4 - SERVED;]

      THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT & DECREE DATED 26.03.2014 PASSED IN
R.A.NO.29/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE,
MADDUR, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 27.07.2011 PASSED IN
OS.NO.247/2007 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND
JMFC, MADDUR.

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

CORAM:        HON'BLE MR JUSTICE RAVI V HOSMANI


                         ORAL JUDGMENT

Matter is listed for non-filing of applications to bring legal

representatives of deceased appellants on record. Death was

reported and recorded as on 01.04.2024. Since necessary

applications are not filed in time, appeal is dismissed as

abated.

Sd/-

(RAVI V HOSMANI) JUDGE

AV