IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO.124 OF 2017 (RES) Between:
Basavaraju S/o Basavaiah Aged about 65 years R/at Depapura village Terakanambi Hobli Gundlupet Taluk ... Appellant (By Sri Narayana Swamy V K, Advocate) And:
1. Sri Channabasavaiah S/o Late Basavaiah Aged about 72 years R/at Depapura village Terakanambi Hobli Gundlupet Taluk 2. Smt. Mahadevamma W/o Late Muddaiah Aged about 63 years 3. Smt. Dhanalakshmi W/o Late Shekar Aged about 58 years 4. Sri Chikkabasavaiah S/o Late Basavaiah Aged about 58 years ... Respondents This Regular Second Appeal is filed under Section 100 of CPC against the Judgment and Decree dated 05.10.2016 passed in R.A.No.99/2014 on the file of the Senior Civil Judge and CJM, Chamarajanagar, allowing the appeal and remanding the matter to trial Court for fresh disposal filed against the judgment and decree dated 08.08.2012 passed in O.S.No.51/2009 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:
J U D G M E N T The appellant has challenged the remand order passed by the lower appellate Court in R.A.No.99/2014.
2. Against the remand order, Miscellaneous Second Appeal under Order 43 Rule 1(u) of CPC would lie to the High Court. In that view of the matter, the present Regular Second Appeal is not maintainable.
3. Counsel for the appellant submits that the sole appellant has died in the year 2017 and it was telephonically informed to her by the family members of the appellant. Hence the appeal abates. It is open to the legal heirs of deceased appellant to challenge the remand order passed by the lower appellate Court in R.A.No.99/2014 in Miscellaneous Second Appeal.
Sd/- JUDGE Kmv/-