IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.137/2012 C/W R.S.A.No.136/2012 R.S.A.No.137/2012:
BETWEEN:
M B BORAIAH S/O LATE C M CHIKKABORAIAH AGED 69 YEARS, R/O SHANKARA NAGRA, MANDYA CITY ..APPELLANT (BY SRI H B CHANDRASHEKAR, ADVOCATE) AND:
1.SHIVANNA S/O NINGEGOWDA AGED ABOUT 53 YEARS, R/A CHIKKAMANDYA VILLAGE, KASABAHOBLI, MANDYA TALUK, MANDYA DISTRICT-571401 2.JAGADEESHA S/O SHIVANNA AGED ABOUT 38 YEARS, R/A CHIKKAMANDYA VILLAGE, KASABAHOBLI, MANDYA TALUK, MANDYA DISTRICT-571401 3.BORAIAH S/O SHIVANNA AGED ABOUT 35 YEARS, R/A CHIKKAMANDYA VILLAGE, KASABAHOBLI, MANDYA TALUK, MANDYA DISTRICT-571401 4.BORAMMA W/O HALINA THAYAMMANA RAMANNA AGED ABOUT 65 YEARS R/A CHIKKAMANDYA VILLAGE, KASABAHOBLI, MANDYA TALUK, MANDYA DISTRICT-571401 5. BORAIAH S/O LATE CHIKKABORAIAH AGED ABOUT 60 YEARS R/A CHIKKAMANDYA VILLAGE, KASABAHOBLI, MANDYA TALUK, MANDYA DISTRICT-571401 6. DHANANJAIAH @ PUTTALINGAIAH S/O YAPANI KULLEGOWDA AGED ABOUT 60 YEARS, R/A CHIKKAMANDYA VILLAGE, KASABAHOBLI, MANDYA TALUK, MANDYA DISTRICT-571401 ..RESPONDENTS (BY SRI M R RAJAGOPAL, ADVOCATE FOR R1 TO R3, SRI M SHIVAPPA, ADVOCATE FOR R-6, APPEAL AGAINST R-4 & 5 ABATED VIDE ORDER DATED 02.03.2017) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.10.2011 PASSED IN R.A.NO.125/2006 ON THE FILE OF THE PRL. DISTRICT JUDGE, MANDYA, ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED:23.06.2003 PASSED IN O.S.NO.90/1997 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC., MANDYA.
R.S.A.No.136/2012:
BETWEEN:
M B BORAIAH S/O LATE C M CHIKKABORAIAH AGED 69 YEARS, R/O SHANKARA NAGARA, MANDYA CITY ..APPELLANT (BY SRI H B CHANDRASHEKAR, ADVOCATE) AND:
1.BORAIAH S/O LATE CHIKKABORAIAH AGED ABOUT 60 YEARS, R/A CHIKKAMANDYA VILLAGE, KASABAHOBLI, MANDYA TALUK, MANDYA DISTRICT-571401 2.BORAMMA W/O HALINA THAYAMMANA RAMANNA, AGED ABOUT 65 YEARS R/O CHIKKAMANDYA VILLAGE, KASBA HOBLI, MANDYA TALUK-571401 3.SHIVANNA S/O NINGEGOWDA, AGED ABOUT 53 YEARS R/O CHIKKAMANDYA VILLAGE, KASBA HOBLI, MANDYA TALUK-571401 4.DHANANJAIAH @ PUTTALINGAIAH S/O YAPANI KULLEGOWDA, AGED ABOUT 60 YEARS R/O CHIKKAMANDYA VILLAGE, KASBA HOBLI, MANDYA TALUK-571401 5.JAGADEESHA S/O SHIVANNA, AGED ABOUT 36 YEARS R/O CHIKKAMANDYA VILLAGE, KASBA HOBLI, MANDYA TALUK-571401 6.BORAIAH S/O SHIVANNA, AGED ABOUT 35 YEARS R/O CHIKKAMANDYA VILLAGE, KASBA HOBLI, MANDYA TALUK-571401 ..RESPONDENTS (BY SRI M SHIVAPPA, ADVOCATE FOR R-4, SRI M R RAJAGOPAL, ADVOCATE FOR R-3, 5 & 6, APPEAL AGAINST R-1 & 2 DISMISSED AS ABATED VIDE ORDER DATED 02.03.2017) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.10.2011 PASSED IN R.A.NO.77/2006 ON THE FILE OF THE PRL. DISTRICT JUDGE, MANDYA, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED:23.06.2003 PASSED IN O.S.NO.90/1997 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC., MANDYA.
THESE RSAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for appellant absent. No representation.
Counsel for respondent No.6 and No.4 in R.S.A. No.136/2012 present and submits that appellant- M.B.Boraiah in both the appeals is reported to be dead on 11.06.2018 and files a memo to said effect enclosing the death certificate.
Memo is taken on record.
Appeals are dismissed as abated.
Sd/- JUDGE SBN