IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.1848/2005 BETWEEN:
1 . MUNIAPPA S/O LATE SANJEEVAPPA AGED ABOUT 71 YEARS, R/A No.44, 35TH CROSS, II BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
SINCE DEAD REPRESENTED BY LRs. 1A. SMT.NARAYANAMMA W/O G S MUNIAPPA AGE:70 YEARS R/A DOOR No.231 MEENUKUNTEE HOSURU, DODDAJALA POST BENGALURU NORTH – 562 152.
1B. Mr.MAHESH S/O G S MUNIAPPA AGE:50 YEARS R/ A DOOR No.231 2ND CROSS, SHIVARUDRAPPA BUILDING, BRINDAVAN LAYOUT KODIGENHALLI, BENGALURU NAGAR – DISTRICT.
1C. Mr.MUNJUNATH S/O G S MUNIAPPA AGE:49 YEARS R/A DOOR No.231 MEENUKUNTEE HOSURU, DODDAJALA POST BENGALURU NORTH – 562 152.
1D. Mr.VIJAYAKUMAR S/O G S MUNIAPPA AGE:47 YEARS R/A DOOR No.231 MEENUKUNTEE HOSURU, DODDAJALA POST BENGALURU NORTH – 562 152.
1E. SMT.PADMAVATI W/O D MOHANKUMAR AGE:41 YEARS RESIDING AT FLAT No.321 IIND FLOOR, 3RD BLOCK EMBASSY HABITAT NEAR MOUNT KARMAL COLLEGE VASANTNAGAR, PALACE ROAD BENGALURU – 560 052.
2 . SRI JAGADEESHA S/O LATE SANJEEVAPPA AGED ABOUT 59 YEARS, R/A No.44, 35TH CROSS, II BLOCK, RAJAJINAGAR, BANGALORE – 560 010.
3 . NANDEESHA S/O LATE SANJEEVAPPA AGED ABOUT 63 YEARS, RESIDING AT No.44, 35TH CROSS, II BLOCK RAJAJINAGAR, BENGALURU- 560 010.
(BY SRI ADINATH NARDE & SMT.REVATHY ASSTS. ADVOCATES) AND:
SRI CHANNAPPA K S/O LATE KARIYANNA AGED ABOUT 61 YEARS, BY HIS POWER OF ATTORNEY HOLDER SMT.LATHA, W/O BHOJARAJ AGED ABOUT 33 YEARS RESIDING AT No.43, 35TH CROSS, II BLOCK RAJAJINAGAR BANGALORE – 560 010.
...APPELLANTS ... RESPONDENT (BY SRI G RAJESWAR, ADVOCATE - C/R) THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.09.2005 PASSED IN O.S.No.16574/2001 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE (CCH-22) DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS RFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for respondent submitted that sole respondent in this appeal is dead more than one year back.
Appeal is dismissed as abated.
Sd/- JUDGE tsn*