IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO.426/2012 C/W REGULAR SECOND APPEAL NO.618/2012 (DEC/INJ) IN RSA NO.426/2012 BETWEEN:
C.S. NAGARATHNA W/O. JAVAREGOWDA, AGED ABOUT 46 YEARS, R/AT HASSAN ROAD, LEFT SIDE, ARASIKERE TALUK, HASSAN DISTRICT – 573 201.
(BY SRI A.R. HOLLA, ADVOCATE) AND:
SRI SHIVEGOWDA, S/O HUTCHEGOWDA, AGED ABOUT 70 YEARS, R/AT BEERANAHALLI VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK – 573 116.
...APPELLANT …RESPONDENT (BY SRI NAGARAJA REDDY, ADVOCATE FOR LR’S OF DECEASED RESPONDENT) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 02.01.2012 PASSED IN R.A.NO.87/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT AT CHANNARAYAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.01.2011 PASSED IN O.S.NO.61/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AT CHANNARAYAPATNA.
IN RSA NO.618/2012 BETWEEN:
1. C.S. NAGARATHNA W/O. JAVAREGOWDA, AGED ABOUT 47 YEARS, 2. JAVAREGOWDA, S/O KAPINIGOWDA, AGED ABOUT 61 YEARS, BOTH ARE RESIDING AT HASSAN ROAD, LEFT SIDE, ARASIKERE TALUK, HASSAN DISTRICT – 573 201.
(BY SRI A.R. HOLLA, ADVOCATE) AND:
SRI SHIVEGOWDA S/O HUTCHEGOWDA, AGED ABOUT 70 YEARS, R/AT BEERANAHALLI VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK – 573 116.
...APPELLANTS …RESPONDENT (BY SRI M. NAGARAJA REDDY, ADVOCATE FOR LRs OF DECEASED RESPONDENT) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 02.01.2012 PASSED IN R.A.NO.86/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, CHANNARAYAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.01.2011 PASSED IN O.S.NO.54/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AT CHANNARAYAPATNA.
THESE REGULAR SECOND APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Learned counsel for the respondent seeks permission to withdraw I.A.No.1/2018 filed by the legal representatives of deceased respondent in both the appeals.
The said submission is placed on record. Accordingly, I.A.No.1/2018 is dismissed as not pressed.
Learned counsel for the appellants submits that there is no instruction from the appellants and he wants to retire from the cases.
The said submission is placed on record and permitted to retire from the case.
As per the application filed by the legal representatives of deceased respondent, it was intimated to the appellants’ counsel on 28.06.2019 reporting the death of sole respondent who died on 06.04.2018. Till date, no application is filed to bring the legal representatives of deceased respondent on record. Though, the legal representatives of deceased respondent themselves filed the application, but it was withdrawn. Hence, the appeals stand dismissed as abated in view of death of sole respondent.
SD/- JUDGE PB