IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.214 OF 2006 BETWEEN:
1. M M Kariyappa, aged about 52 years, Tender Coconut and Coconut Merchant, 2. Mahesh Aged about 32 years, S/o M M Kariyappa, Coconut Merchant, Both are residents of Macheri Village and Post, Kadur Taluk-571260, Chickmagalur District.
…Appellants (By Sri. B.S. Murali, for Sri. G.R. Gurumath, Advocate for A2 A1- Appeal abated v/o dated 28-05-2019) AND:
Prakash S. Mehta, Aged about 47 years, S/o Sajjan Raj Electric and Hardware Merchant, R/o T.B.Road, Kadur Town, Kadur Taluk-571260, Chickmagalur District.
(By Sri.D.L.Suresh, Advocate) **** …Respondent This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, praying to Set-aside the judgment and decree dated 19-10-2005 passed by the learned Civil Judge, (Sr.Dn) at Kadur in O.S.No.45/2004; Consequently dismiss the suit of the plaintiff; pass such other or decree as deemed fit and proper in the circumstances of the case and allow this appeal, in the interest of justice and equity.
This Regular First Appeal coming on for Hearing this day, the Court made the following:
O R D E R Called again.
2. Learned counsel from both side present.
3. Learned counsel for appellants files a memo, submitting that the appellant No.1 - Sri. M.M. Kariyappa is reported to be dead on 14-03-2016.
4. Learned counsel from both side submit that in view of death of appellant No.1 more than three years back, the appeal filed by appellant No.1 stands abated.
5. In view of the memo and the supporting submission, the appeal of appellant No.1 stands abated due to death of appellant No.1 in the year 2016.
6. Learned counsel for the appellants also files one more memo wherein he has stated that the appellant being a judgment debtor in the Trial Court has satisfied the Decree in the Execution in its entirety. As such, the appeal has become infructuous.
7. Learned counsel for the Respondent supports the said submission of the learned counsel for appellants that the Decree has been satisfied in the Execution proceedings. As such, the present appeal has become infructuous.
8. In view of the memo and the supporting submission from both side, the appeal stands disposed of as having become infructuous.
The refund of the Court Fee if any, to the appellants would be as per the law.
Sd/-
JUDGE BMV*