IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR SECOND APPEAL NO.1612/2013(INJ) BETWEEN 1. KANNAPPA @ KANNA NAIKA S/O KARIYANAIKA AGED ABOUT 72 YEARS, RESIDENT OF ATAHAVADI VILLAGE-577401, SAGAR TALUK, SHIMOGA DISTRICT.
2. MANJANAIKA S/O KARIYANAIKA, AGED ABOUT 68 YEARS, RESIDENT OF ATAHAVADI VILLAGE-577401, SAGAR TALUK, SHIMOGA DISTRICT.
3. RAMANAIKA S/O KARIYANAIAKA, AGED ABOUT 65 YEARS, RESIDENT OF ATAHAVADI VILLAGE-577401, SAGAR TALUK, SHIMOGA DISTRICT.
... APPELLANTS (BY SRI HARISH KUMAR M S., ADVOCATE) AND A V MALLAPPA GOWDA S/O VEERABADRAPPA GOWDA, AGED ABOUT 70 YEARS, R/O ATHAVADI VILLAGE, SAGAR TALUK-577401, SHIMOGA DISTRICT.
... RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT & DECREE DTD 4.1.2013 PASSED IN R.A.NO.41/2003 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, SAGARA, DISMISSING THE APPEAL AND UPHOLDING THE JUDGMENT AND DECREE DATED 22.1.2003 PASSED IN O.S.NO.124/2000 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) SAGAR.
THIS APPEAL COMING FOR ORDERS ON THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appeal is dismissed as abated, since no steps are taken in respect of deceased sole respondent.
Sbs* Sd/- JUDGE