IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO REGULAR SECOND APPEAL No.897/2009 BETWEEN:
MANJEGOWDA S/O.CHIKKEGOWDA R/AT KOKKANAGHATTA VILLAGE HANUMANTHAPURA POST HASSAN TALUK & DISTRICT-577 301. ...APPELLANT (BY SRI B.S.PRASAD, ADVOCATE) AND:
SMT. ERAMMA, MAJOR W/O. LATE KENDEGOWDA D/O. LATE DYAVEGOWDA R/AT KOKKANAGHATTA VILLAGE HANUMANTHAPURA POST HASSAN TALUK & DISTRICT-577 301 ...RESPONDENT (BY SRI K.V.NARASIMHAN, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 10.06.2009 PASSED BY THE COURT OF THE PRINCIPAL CIVIL JUDGE (SR.DN.), HASSAN IN RA.NO.57/2007 AND TO RESTORE THE JUDGMENT AND DECREE DATED 17.02.2007 PASSED BY THE COURT OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) & JMFC II, HASSAN IN OS.NO.268/2003.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Inspite of granting sufficient time, till today, the learned counsel for the appellant has not taken steps to bring the legal representatives of the deceased sole respondent on record. The death of the respondent on 22.8.2018 was reported by the learned counsel for respondent before this court on 10.01.2019.
Hence, the appeal stands abated.
Sd/- JUDGE LB