IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO RFA NO.744 OF 2006(SP) BETWEEN:
NAGARAJU AGED 52 YEARS SON OF GWALAIAH RESIDENT OF RANGANATHPURA VILLAGE BOOKINAKERE HOBLI, KR PET TALUK MANDYA DISTRICT PIN CODE-571401.
...APPELLANT (BY SRI: B.C.RAJEEVA, ADVOCATE) AND:
1. B.G. CHANDRASHKARAIAH SON OF B.C. GURUBASAVAIAH, MAJOR NO.9, 50 FEET ROAD MUNESHWARA BLOCK BANGALORE-560 0036.
2. SRI. A.N. VISHAKANTEGOWDA SON OF LATE NINGE GOWDA, MAJOR R/O ARALAKUPPE VILLAGE, VITALAPURA POST BOOKINAKERE HOBLI, 2 KR PET TALUK MANDYA DISTRICT PIN CODE-571401 …RESPONDENTS (BY SRI: H.V SHIVAKUMAR, ADVOCATE FOR C/R1, SMT. DEEPASHREE, ADVOCATE FOR R1 AND R2) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:09.12.2005 PASSED IN OS.NO.49/97 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.) AND JMFC, SRIRANGAPATNA, DISMISSING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant submits that respondent Nos.1 and 2 died during 2014 and hence, appeal against them may be dismissed as having abated.
2. Accordingly, the appeal is dismissed as having abated.
Sd/- JUDGE *mn/-