IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 125 OF 2017 (DEC/INJ) Between:
BASAVARAJU @ RAJU SON OF LATE BASAVAIAH AGED ABOUT 65 YEARS R/AT NO.1637, 5TH CROSS HOSAKERI, MYSURU - 1 (BY SRI NARAYANA SWAMY, ADVOCATE) And:
SRI CHANNABASAVAIAH SON OF LATE B. BASAVAIAH AGED ABOUT 72 YEARS R/AT DEPAPURA VILLAGE TERAKANAMBI HOBLI GUNDLUPET TALUK – 571111.
... APPELLANT ... RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 5.10.2016 PASSED IN R.A.NO.51/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.10.2010 PASSED IN O.S.NO.58/2003 ON THE FILE OF THE CIVIL JUDGE AND JMFC, GUNDLUPET.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The memo dated 6.9.2017 is filed by the learned counsel for the appellant stating that the appellant died on 15.8.2017. This information was given by the deceased appellant’s wife. However, none of the legal representatives have contacted the counsel. As such, the learned counsel is unable to comply with either the office objections or take necessary steps.
The memo is accepted. The appeal is disposed of as having been abated.
Sd/- Judge SA Ct:sr