IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.748 OF 2019 BETWEEN:
SMT. ANJANA G SINGH AGED ABOUT 52 YEARS W/o GAJENDRA SINGH BHAN C/o M/s. JAIPUR GEMS & JEWELS PARADISE, FIRST FLOOR P & T COLONY, R.T.NAGAR BENGALURU-560 032 ... APPELLANT (By Smt. SHAHIDA KHANAM J, ADVOCATE) AND:
A K SHARMA (SINCE DECEASED REPRESENTED BY LR’s PREMALATHA SHARMA) W/o. A.K.SHARMA AGED ABOUT 58 YEARS R/AT NO.13, KRISHNAPPA GARDEN I BLOCK, ANANDNAGAR CHOLANAGAR BENGALURU-560 032 ... RESPONDENT THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, THE JUDGMENT AND DECREE DATED:20.10.2016 PASSED IN O.S.NO.2301/2015 ON THE FILE OF XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Called again in the second round.
Learned counsel for the appellant is absent.
2. A perusal of the material placed before this Court and the previous order sheet in this appeal would go to show that even according to the appellant, who was the defendant in the Court below, the plaintiff in the original suit was dead during pendency of the original suit.
3. The appellant (defendant) has not mentioned the date of the death of the sole plaintiff even in I.A.No.3/2019, except stating that the sole plaintiff was dead during the pendency of the suit. In that regard, even according to the appellant, the Judgment has been passed in an abated suit. In view of the same, the matter was required to be heard on maintainability. Despite granting sufficient time, the appellant is not appearing and making his submissions. On 18.07.2019 also, the Counsel has remained absent.
4. Therefore, the appeal stands dismissed for non-prosecution.
5. In view of dismissal of the appeal, all pending interlocutory applications do not survive for consideration.
Sd/- JUDGE cp*