IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.510 OF 2005 BETWEEN:
1. M/S N M Industrial Enterprises Belvadi Gate, Plot No.33 'B'
Belvadi Post, Mysore-570017. Rep.by its Managing Partner.
2. K.N. Kuttappa S/o M. Machaiah 62 years, R/at No.62, Deepanagar, Bogadi Post Mysore-570006.
(By Sri. Dattaprasad, for …Appellants Sri. Manmohan. P.N.,Advocate for Appellant No.1 Appeal Abated as against A-2 vide order dt. 17-10-2017 ) AND:
1. State Bank of India Belvadi Industrial Estate Branch, Belvadi, Mysore-570017, Rep.by its Manager.
2. A.R. Madhusudan S/o K.A. Ramanathachar, No.5560, Behind MUDA Office, II Stage, Vijayanagar, Mysore-570012.
3. K Sridhar Rao Major, R/at. No.748, 12th cross, II Main, Gokulam II Stage, Mysore-570002.
4. B.M. Subramani Major, Proprietor Hema Industrial Stores,, No.27, II Stage, Peenya Industrial Extension, Bangalore – 560 058.
(By Sri.M.T.Jagan Mohan, Advocate for R2 Smt.Rakshitha V.N. for …Respondents Sri. K. Raghavendra Rao, Advocate for R3 R1 - served; Notice to R-4 is held sufficient vide order dated 07-02-2011) **** This Regular First Appeal is filed under Section 96 R/W Order XLI Rule 1 of the Code of Civil Procedure, 1908, praying to call for the entire records in O.S.No.44/1997 from the file of II Additional Civil Judge (SR.Dn) Mysore and set aside the judgment and decree dated 05.02.2005 passed by the II Additional Civil Judge (SR.Dn) Mysore in O.S.No.44/1997 in so for as the liability of 2nd appellant is concerned and dismiss the suit filed by the 1st respondent against the 2nd appellant 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 the appellants files a memo, stating that due to the death of second appellant, the appeal stands abated since the second appellant was held personally liable in the impugned judgment.
4. Learned counsel from both side submit that in view of the fact that the Legal Representatives of the second appellant have not been brought on record and the appeal of the second appellant has already been treated as abated vide order dated 17-10-2017, the main appeal itself stands abated.
5. In view of the memo and the submission made by both side as above, the appeal stands abated.
Sd/-
JUDGE BMV*