IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S. MUDAGAL R.S.A.No.1946/2016 (INJ) BETWEEN:
TIRUMALAMMA, W/O LATE B. H. RANGAIAH, SINCE DEAD BY HER LRS, 1. DHARMESH B. R., S/O LATE B H RANGAIAH, AGED ABOUT 45 YEARS, OCC:AGRICULTURE R/O BASETTI KOPPALU, HASSAN CITY-573201.
2. JAYAMMA R., W/O RANGEGOWDA K. M, AGED ABOUT 63 YEARS, R/O D.NO.58, S.B.M COLONY, ARASIKERE ROAD, K.KATIHALLI, HASSAN-573201.
3. SHANTHAMMA, W/O SANNEGOWDA, AGED ABOUT 60 YEARS, R/O D.NO.EW 13-387, SRI SRINIVASA NILAYA, 4TH MAIN ROAD, BAGDERAKOPPALU, HASSAN-573201.
4. RANGANATHA B. R., S/O LATE RANGAIAH B. H., AGED ABOUT 58 YEARS, R/O D.NO.1186, BASATTI KOPPALU, K.R.PURAM, HASSAN-573201.
5. YOGAMMA, W/O LATE ANNEGOWDA,(ANNAPPA), AGED ABOUT 56 YEARS, R/O D.NO.1187, BASATTI KOPPALU, K.R.PURAM, HASSAN-573201.
6. MEENAKUMARI, W/O LATE SRINIVASA, AGED ABOUT 54 YEARS, R/O D.NO.987, BAHUBALI NILAYA, 10TH CROSS, K.R.PURAM, HASSAN-573201.
7. BHANUMATHI B. R., W/O SATHISH, AGED ABOUT 52 YEARS, R/O D.NO.987, BAHUBALI NILAYA, 10TH CROSS, K.R.PURAM, HASSAN-573201.
... APPELLANTS (BY SRI M. V. HIREMATH, ADVOCATE) AND:
1. THE HOUSING COMMISSIONER, KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BENGALURU-560009.
2. THE MANAGER, SUB DIVISIONAL OFFICE, PROJECT IMPLEMENTATION UNIT, K.H.B. KUVEMPUNAGAR, NOW RE-DESIGNATED AS ASSISTANT EXECUTIVE ENGINEER, K.H.B. SUB DIVISION, HASSAN-573201.
... RESPONDENTS THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 1.7.2016 PASSED IN R.A.NO.8/2010 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.11.2009 PASSED IN O.S.NO.371/2004 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND JUDICIAL MAGISTRATE FIRST CLASS, HASSAN.
THIS R.S.A. COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is preferred challenging the judgment and decree in R.A.No.8/2010 passed by II Additional Senior Civil Judge, Hassan. One Smt. Thirumalamma was the sole appellant in the said case. The first appeal was disposed of on 1.7.2016.
2. As per the present applications, she died on 27.4.2016. No application was field before the First Appellate Court to bring her legal representatives on record and to prosecute the appeal. Therefore, the judgment and decree of the First Appellate Court was against a dead person.
3. The remedy of the appellants is to seek setting aside the abatement of the said appeal before the First Appellate Court and then to challenge the decree. Therefore, reserving liberty to the appellants to make appropriate application before the First Appellate Court, the appeal is disposed of.
4. Pending I.A.Nos.1/2017, 4/2017 and 3/2017 do not survive for further consideration and they are disposed of accordingly.
Sd/- JUDGE MD