IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.2002 OF 2011 Between:
1. Mrs. Mary Jacintha Mascarenhas, W/o. Mr. Terrance Mascarenhas, Aged about 53 years.
2. Mr.Terrance Jacob Mascarenhas, S/o. Mr.Manuel Mascarenhas, Aged about 58 years, Both are residents of Flat No.11, First Floor, Shantha Paradise, No.106, Wheeler Road, Cox Town, Bengaluru-560 005. …Appellants (By Smt.Vaishali Hegde, Adv.,) And:
1. Sri.T.Palanvelu @ Palani, S/o. Late. Ramanath Mudaliar, Since dead by LR, Smt.Shantha Palani, W/o.Late. T.Palanvelu @ Palani, Aged 70 years, Residing at No.AL-87, 4th Street, 12th Main, Anna Nagar, Chennai-400 040.
(R1-Amended as per Hon’ble Court Order dated 17.10.2012) 2. Dr.M.Shantha Kumar, S/o.Sri.Muniyappa, Aged about 63 years, Resident of No.191/1, Domlur Road, Bengaluru-560 071. …Respondents (By Sri.P.K.Ponnappa, Adv., for C/R1; M/s.Sundaraswamy & Ramadas, Advs., for R1(A); Sri. Nanjundaradhya.B.G, Adv., for R2) This RFA is filed under Section 96 of CPC., against the judgment and decree dated 14.09.2011 passed in O.S.No.684/2002 on the file of the XVIII Addl. City Civil Judge, Bengaluru, (CCH-10), decreeing the suit for declaration and mandatory injunction.
This RFA coming on for Orders, this day, the Court delivered the following:
O R D E R The appellant’s counsel submits that second respondent died on 26.08.2018 and that appellant does not know the particulars of legal representatives of the respondent, and therefore, the counsel appearing for the respondents may be directed to furnish the details of the legal representatives of respondent No.2. The counsel appearing for respondent No.2 submits that he will file a memo furnishing the names and addresses of the legal representatives of respondent No.2. But, counsel appearing for legal representative of respondent No.1 i.e. Smt. Shantha Palani submits that she died on 20.09.2014. First respondent is the contesting respondent. Due to the death of the legal representative of first respondent, the entire appeal abates. Abatement is recorded.
Sd/- JUDGE Mgn*