IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL No.1064 OF 2016 BETWEEN:
M. Chaluvaiah S/o late Muthaiah Aged about 91 years Residing at G.M. Street Pete Malavalli Town Mandya District – 571 430.
.. APPELLANT (By Sri Chandan S. Rao, Advocate) AND:
1. Smt. Amruthamma W/o K.B. Mahadevppa Aged about 64 years Resident of Kiragavalu Village Malavalli Taluk Mandya District – 571 430.
2. K.B. Mahadevappa Son of not known to appellant Aged about 70 years Resident of Kiragavalu Village Malavalli Taluk Mandya District – 571 430.
3. K. Puttaswamy S/o Kalegowda Aged about 66 years Aladahalli Village Resident of Moorkalu Village Dhakale Kiragavalu Hobli Malavalli Taluk Mandya District – 571 430.
4. Smt. Rathnamma W/o K.Raju @ Rajanna Aged about 63 years Resident of Aladahalli Village Kiragavalu Hobli Malavalli Taluk Mandya District – 571 430.
.. RESPONDENTS (By Sri H.B. Chandrashekar, Adv. for R1 and R2; R3 and R4 are served) This Regular First Appeal is filed under Section 96 of CPC against the judgment and decree dated 31.03.2016 passed in O.S. No.173/2006, on the file of the Senior Civil Judge and JMFC, Malavalli, dismissing the suit for specific performance.
This Regular First Appeal coming on for Hearing this day, the Court made the following:
ORDER Learned counsel for the appellant has filed a memo stating that the sole appellant has since died, the Regular First Appeal be dismissed as abated.
Learned counsel for the appellant while making supporting submissions has submitted that according to his information, the appellant has died long back and no information about his legal representatives also.
In view of the memo and supporting submissions from both side, the appeal stands abated due to the death of the sole appellant, as such, appeal stands dismissed.
Sd/- JUDGE sac*