IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO.2736 OF 2011 (RES) BETWEEN:
GOPALA S/O LATE KARIAPPA, AGED 60 YEARS, RESIDING AT NAPOKLU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT.
[BY SRI ABHIJITH, ADV., (ABSENT)] AND:
1. K.K. NANAIAH, S/O KUTTAPPA, 2. K.K. THAMMAIAH, S/O KUTTAPPA, 3. K.K. SOMAIAH, S/O KUTTAPPA, 4. K.K. POOVAIAH, S/O KUTTAPPA, 5. K.K. SEETHARAMA, S/O KUTTAPPA, ... APPELLANT 6. K.K. KAMAVVA, W/O KUTTAPPA, RESPONDENT NOS.1 TO 6 ARE RESIDING AT NAPOKLU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT.
… RESPONDENTS * * * THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30-09-2011 PASSED IN R.A.NO.53/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.04.2006 PASSED IN O.S.NO.100/2001 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN.) MADIKERI.
THIS REGULAR SECOND APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This Court vide order dated 05.11.2015 has directed the Registry to issue Court notice to the appellant as the advocate who appeared on behalf of the appellant has died. The said notice was sent through Prl. District and Sessions Judge, Kodagu, Madikere, but the notice has returned unserved as the sole appellant is reported as dead two years prior to the date i.e., 07.11.2015 itself. Till then, no steps have been taken and the LRs of the deceased appellant have also not appeared and not taken any steps to implead them as LRs of the deceased appellant. In view of the death of the sole appellant, the appeal is dismissed as abated.
Sd/- JUDGE GBB