IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO.1608 OF 2015 BETWEEN:
1. H.L. SHOBA, D/O LINGAPPA, W/O SRIDHAR, AGED ABOUT 35 YEARS, RESIDING AT AJJENAHALLI VILLAGE, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLY TALUK, TUMKUR DISTRICT-572214.
2. H.L.SUMITHRA, D/O LINGAPPA, AGED ABOUT 25 YEARS, RESIDING AT AJJENAHALLI VILLAGE, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLY TALUK, TUMKUR DISTRICT-572214.
...APPELLANTS (BY SRI.VARSHA.R.IYENGAR, ADVOCATE) AND:
H.LINGAPPA, S/O LATE ALKUR LINGAIAH, AGED ABOUT 70 YEARS, RESIDING AT AJJENAHALLI, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLY TALUK, TUMKUR DISTRICT-572 214.
…RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED: 26.06.2015 PASSED IN R.A.NO.26/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE ITINERATE COURT, CHIKKANAYAKANAHALLI ALLOWING THE APPEAL AND SETTING-ASIDE THE ORDER DATED:20.12.2013 PASSED IN O.S.NO.10/2009 ON THE FILE OF THE ADDL.CIVIL JUDGE & JMFC, CHIKKANAYAKANAHALLI AND ETC., THIS RSA COMING ON FOR ADMISSION THIS DAY, THIS COURT DELIVERED THE FOLLOWING:
JUDGMENT The plaintiff/respondent herein filed suit in O.S.No.10/2009. The suit came to be dismissed. The respondent preferred an appeal in R.A.No.26/2014. Said appeal was allowed holding that he was entitled for a share in the properties inherited by his wife. The present second appeal is by the daughters of the respondent.
2. Learned counsel for the appellants has filed a memo stating that the present respondent who is the father of appellants died on 09.03.2019. Along with the memo, he has also furnished copy of death certificate. Said memo is taken on record.
3. In view of the memo filed, the appellants, on account of death of respondent, being the only Class-I heirs would succeed to the properties left behind by their mother. Hence, the appeal stands disposed of in terms of the memo.
I.A.No.1/2015 does not survive for consideration and it is also dismissed.
Sd/- JUDGE CA