Sri.B.R.Babu Prasad vs Sri.B.P.Pampanna
2024 Latest Caselaw 25615 Kant

Karnataka High Court

Sri.B.R.Babu Prasad vs Sri.B.P.Pampanna on 28 October, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                      -1-
                                                            NC: 2024:KHC:43285
                                                            RSA No. 13 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 28TH DAY OF OCTOBER, 2024
                                                 BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI
                             REGULAR SECOND APPEAL NO. 13 OF 2017 (SP)

                      BETWEEN:

                      1.     SRI B.R.BABU PRASAD
                             S/O LATE B P RUDRAPPA,
                             SINCE DEAD BY LRS

                      1(a)   SMT. INDIRA PRASAD,
                             W/O LATE B R BABU PRASAD
                             AGED ABOUT 56 YEARS

                      1(b) SMT. B.B. SHREEVIDYA,
                           D/O LATE B.R. BABU PRASAD,
                           AGED ABOUT 28 YEARS,

                             BOTH ARE R/A MADANAMADU,
                             BARASIDLAHALLI POST,
                             CHIKKANAYAKANAHALLI TALUK,
                             TUMKUR DISTRICT - 572 214.

                      2.     SRI B.R. PAPANNA,
                             S/O LATE B.P. RUDRAPPA,
                             AGED ABOUT 49 YEARS,
Digitally signed by          R/AT IYENGAR STREET,
ANUSHA V                     PAVAGADA TOWN,
Location: High               TUMKUR DISTRICT - 561 202.
Court Of Karnataka
                      3.     SMT. RAJESHWARI,
                             D/O B.P. RUDRAPPA,
                             W/O MALLIKARJUNA HIREGOUDAR,
                             AGED ABOUT 49 YEARS,
                             R/AT ANTHARASANAHALLY,
                             ON MADHUGIRI-TUMKUR ROAD,
                             TUMKUR - 572 132.

                      4.     SMT. INDIRANI,
                             W/O JAYAPRAKASH,
                             D/O B.P. RUDRAPPA,
                             AGED ABOUT 54 YEARS,
                                     -2-
                                                       NC: 2024:KHC:43285
                                                      RSA No. 13 of 2017




       R/AT KUVEMPU NAGARA,
       SATHI ROAD,
       CHAMARAJANAGARA - 571 313.

6.     SMT. M.R. MANJULA,
       W/O S R SIDDARAMANNA,
       AGED ABOUT 51 YEARS,
       R/AT MADHANMADU,
       BARASIDDLEHALLI (POST)
       CHIKKANAYAKANAHALLY TALUK,
       TUMKUR DISTRICT - 572 214.

                                                             ...APPELLANTS
(BY SRI H.N.BASAVARJU, ADVOCATE)
AND:
     SRI B.P.PAMPANNA,
     S/O LATE PARANA,
     AGED ABOUT 74 YEARS
     PROPRIETOR,
     VIJAYA INDUSTRIES,
     PAVAGADA TOWN,
     TUMKUR DISTRICT - 561 202.

                                                             ...RESPONDENT
(BY SRI D.R.RAJASHEKARAPPA, ADVOCATE)
       THIS    RSA    IS   FILED U/S      100   OF CPC., AGAINST       THE
JUDGMENT        AND    DECREE    DATED          28.09.2016    PASSED     IN
R.A.NO.47/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC SIRA, ALLOWING THE             APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 18.07.2012 PASSED IN O.S.NO.
147/2006 ON THE FILE OF THE CIVIL JUDGE AND JMFC SIRA.


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


CORAM:        HON'BLE MR JUSTICE RAVI V HOSMANI
                                    -3-
                                                  NC: 2024:KHC:43285
                                                 RSA No. 13 of 2017




                           ORAL JUDGMENT

Learned counsel for respondent has filed a memo dated

01.09.2023 stating that sole respondent has died on

18.03.2023 by appending copy of death certificate.

Since necessary steps are not taken in time, appeal is

dismissed as abated.

Sd/-

(RAVI V HOSMANI) JUDGE

GRD