IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL No.2098 of 2016 (DEC) BETWEEN :
DR.RAMA VENKATA REDDY SON OF RAMA REDDY AGED ABOUT 54 YEARS RESIDING AT SONNADI VILLAGE MULBAGL, KASABA TALUK KOLAR DISTRICT ALSO AT: NO.85, 3RD FLOOR 8TH MAIN, SADASHIVANAGAR BANGALORE 560 080. ... APPELLANT (BY SRI.G.PAPI REDDY, ADVOCATE) AND:
1 . SRI.N.CHANDRASHEKARA REDDY @ N CHANDRASHEKAR SON OF LATE NANJUNDA REDDY AGED ABOUT 64 YEARS RESIDING AT NO.53 SHANTHINAGAR BANGALORE 560 027.
2 . SMT.LINA LOBO WIFE OF LATE LT COL GEORGE LOBO AGED ABOUT 90 YEARS 3 . SRI.GEORGE VICENT LOBO SON OF LATE LT COL GEORGE LOBO AGED ABOUT 66 YEARS 4 . SRI.GEORGE RICHARD LOBO SON OF LATE LT COL GEORGE LOBO AGED ABOUT 61 YEARS THE RESPONDENTS 2 TO 4 ARE RESIDING AT NO.35/200 SHIVANATH BUILDING KALATHI, PERAMBUR ROAD COCHIN-16-KERALA 620001.
5 . SRI.M.THYAGARAJAN NAIR SON OF MUNI NAIR AGED ABOUT 49 YEARS RESIDING AT NO.9 VADIVELU COLONY OOTHANKARAI TAMIL NADU-600 003.
6 . COL. MOHINDER SINGH KHAIRA SON OF SWARAN SINGH KHAIRA AGED ABOUT 74 YEARS RESIDING AT NO.P-6, 7TH FLOOR OCEAN COMPLEX, SECTOR-18 NOIDA, UTTARA PRADESH-01 ALSO AT RAYNAL REALTORS PVT LTD NO.135/4-35, Ist FLOOR 9th MAIN, RMV EXTENSION SADASHIVANAGAR BANGALORE 560 080. ...RESPONDENTS (BY SRI.SANTOSH .S GOGI, ADVOCATE FOR C/R-1, V/O DATED 05.12.2017, SERVICE OF NOTICE TO R-2 TO R-6 HELD SUFFICIENT) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN O.S.NO.952/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE VIDE ITS ORDER DATED 11.11.2016 BY ALLOWING APPEAL AND CONFIRMING THE OWNERSHIP OF THE APPELLANT AS PER THE ORIGINAL SALE DEED DATED 23.05.2006 PRODUCED AT EXHIBIT P10 AND CALL FOR THE RECORDS AND ETC., THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the respondent No.1 has filed a memo enclosing the death certificate evidencing that the sole appellant died on 01.07.2019. The same is perused.
Steps have not been taken to bring the legal representatives of the appellant on record. Hence, the appeal abates.
Sd/- JUDGE Sd/- JUDGE VMB