IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE 2017 BEFORE THE HON’BLE MR.JUSTICE S.N. SATYANARAYANA R.S.A NO.1851 OF 2005 (DEC & INJ) BETWEEN:
LATE B V MALLAPPA S/O VEERAPPA SINCE DEAD BY LRS 1. SMT.YELLAMMA W/O LATE B.V.MALLAPPA AGED ABOUT 85 YEARS, R/O KANIVEBILACHI, CHANNAGIRI TALUK 2. SRI.K M MANJUNATH S/O LATE B.V.MALLAPPA AGED ABOUT 51 YEARS, WORKING AT P.W.D. OFFICE MALEBENNUR 3. SMT.K M MANJAMMA W/O MALLAPPA AGED ABOUT 54 YEARS, OCC: HOUSEHOLD WORK NOW R/O HOSAMANE EXTENSION SHIMOGA 4. SMT.K YASHODAMMA W/O MALLAPPA SINCE DECEASED REPRESENTED BY HER LRS 4(A). SMT.KUSUMA W/O ANNAPPA AGED MAJOR OCC: HOUSE HOLD WORK R/O KANIVEBILACHI CHANNAGIRI TALKUK.
4(B). SMT.S.H.VEENA W/O RAJASHEKAR AGED MAJOR OCC: AGRICULTURE R/O SHIRADONI CHANNAGIRI TALUK.
4(C) SMT. MANJULA W/O MAHESHAPPA AGED MAJOR OCC: AGRICULTURE R/O SHIRADONI CHANNAGIRI TALUK.
4(D) KUMARI NAGAVENI S.H. D/O HALAPPA AGED MAJOR, OCC: STUDENT R/O KANIVEBILACHI CHANNAGIRI TALKUK.
4(E) KUMAR SHIVAPRASAD S/O HALAPPA 4(F) SRI MANJUNATH S/O HALAPPA APPLICANTS 4E AND 4F BEING MINOR REP. BY THEIR GUARDIAN APPELLANT 4(A) R/O KANIVEBELACHI CHANNAGIRI TALUK DISTRICT: DAVANAGERE.
5. SMT.K M SHANTAMMA W/O PARAMESHWARAPPA AGED ABOUT 42 YEARS, OCC: AGRICULTURE R/O KUMSAGAR VILLAGE CHANNAGIRI TALUK 6. SRI.K M ANNAPPA S/O LATE B.V.MALLAPPA AGED ABOUT 40 YEARS OCC: AGRICULTURE R/O KANIVEBILACHI VILLAGE CHANNAGIRI TALUK 7. SRI.K M KRISHNAMURTHY S/O LATE B.V.MALLAPPA AGED ABOUT 38 YEARS, R/O KANIVEBILACHI CHANNAGIRI TALUK.
... APPELLANTS (BY SRI ASHOK R KALYANASHETTY, ADV.) AND SRI.SANNA SUBBAIAH P S/O GURAIAH AGED ABOUT 71 YEARS OCC: AGRICULTURE R/O KANIVEBILCHI VILLAGE CHANNAGIRI TALUK.
... RESPONDENT (BY SRI R GOPAL, ADV.) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DT.13.6.2005 PASSED IN R.A.NO.192/2004 ON THE FILE OF THE ADDL. SESS. JUDGE, FTC-I, DAVANAGERE, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DT.18.12.1999 PASSED IN O.S.NO.206/88 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, CHANNAGIRI.
THIS R.S.A COMING FOR ORDERS ON THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T In this appeal, sole respondent is said to have died. Even after three months from the date of coming to know of the same, steps have not been taken. Hence, appeal is abated.
Sd/- JUDGE Prs*