Narasimha Murthy vs Shivanna
2024 Latest Caselaw 25923 Kant

Karnataka High Court

Narasimha Murthy vs Shivanna on 23 October, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                    -1-
                                                             NC: 2024:KHC:42596
                                                            RSA No. 799 of 2009




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                                   BEFORE

                              THE HON'BLE MR JUSTICE RAVI V HOSMANI

                       REGULAR SECOND APPEAL NO. 799 OF 2009 (DEC/INJ)

                      BETWEEN:

                      NARASIMHA MURTHY,
                      AGED ABOUT 46 YEARS,
                      S/O PUTTANARASAPPA,
                      YALIYUR VILLAGE,
                      SIRA TALUK,
                      TUMKUR DISTRICT.
                                                                   ...APPELLANT
                      (BY SRI AMARNATH SIMHA, ADVOCATE)

                      AND:

                      1.    SHIVANNA,
                            S/O BALLEDANAIKA,
                            AGED ABOUT 54 YEARS,

                      2.    THIMMARAJAMMA,
Digitally signed by         W/O LATE JAYANNA
ANUSHA V                    AGED ABOUT 57 YEARS,
Location: High
Court of Karnataka    3.    RAMACHANDRA,
                            S/O LATE JAYANNA,
                            AGED ABOUT 37 YEARS,

                      4.    MANJUNATHA,
                            S/O LATE JAYANNA
                            AGED ABOUT 21 YEARS,

                      5.    LOKAMMA,
                            D/O LATE JAYANNA
                            AGED ABOUT 19 YEARS,

                      6.    GANGAMMA,
                            D/O LATE JAYANNA
                              -2-
                                             NC: 2024:KHC:42596
                                            RSA No. 799 of 2009




     AGED ABOUT 15 YEARS,
     MINOR REP. BY NATURAL GUARDIAN
     SMT.THIMMARAJAMMA,
     MOTHER, APPELLANT NO.2.

     ALL ARE R/O
     HEGGANAHALLI VILLAGE,
     SIRA POST, KASABA HOBLI,
     SIRA TALUK.

7.   BHAGYAMMA,
     W/O MANJANNA,
     AGED ABOUT 33 YEARS,
     JAVAGONDANAHALLI,
     HIRIYUR HOBLI & POST,
     CHITRADURGA DISTRICT.

8.   LAKSHMIDEVI,
     W/O DEVARAJU,
     AGED ABOUT 31 YEARS,
     MUDADI VILLAGE,
     MADAKA SIRA TALUK,
     ANANTHPURA DISTRICT, A.P.

9.   RAMASWAMY,
     S/O BALLEDANAIAKA,
     AGED ABOUT 50 YEARS,

10. RAMAKRISHNA,
    S/O BALLEDANAIAKA,
    AGED ABOUT 45 YEARS,

11. ANANTHARAM,
    S/O BALLEDANAIAKA,
    AGED ABOUT 43 YEARS,

12. RAMARAJU,
    S/O BALLEDANAIAKA,
    AGED ABOUT 39 YEARS,

     RESPONDENTS NO.9 TO 12 ARE ALL
     R/O HEGGANAHALLI VILLAGE,
     SIRA POST, KASABA HOBLI, SIRA TALUK.
                                                ...RESPONDENTS
(BY SRI R. YATEESH KUMAR, ADVOCATE FOR R1, R3 TO R12;
    R2 - SERVED)
                                      -3-
                                                        NC: 2024:KHC:42596
                                                       RSA No. 799 of 2009




       THIS RSA IS FILED UNDER SECITON 100 OF CPC AGAINST
THE    JUDGMENT         &   DECREE   DATED       23.03.2009     PASSED   IN
R.A.NO.332/2005 ON THE FILE OF THE CIVIL JUDGE, (SR. DN.),
SIRA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 19.10.2005 PASSED IN OS.NO.236/2003 ON
THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR. DN.) & JMFC, SIRA.


       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

Learned counsel for appellant has filed a memo dated

05.04.2024 reporting death of sole appellant. Till date, steps

are not taken.

Since necessary steps are not taken in time,

appeal stands abated.

Sd/-

(RAVI V HOSMANI) JUDGE

AV