IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.7031/2016 BETWEEN:
1. P.RAMAKRISHNA NAYAK S/O LATE P.MANJUNATH NAYAK AGED ABOUT 87 YEARS 2. SMT.MAYA R.NAYAK W/O P.RAMAKRISHNA NAYAK AGED ABOUT 75 YEARS 3. P.KEDMATH NAYAK S/O LATE P.MANJUNATH NAYAK AGED ABOUT 46 YEARS ALL ARE R/AT FLAT NO.22 4TH FLOOR, TIWARI MANOR NO.61, KANAKAPURA ROAD BASAVANAGUDI BANGALORE–560 004 … APPELLANTS (BY SRI SARAVANA S. FOR SRI D.R.RAVISHANKAR, ADVOCATES) AND:
C.M.TIWARI SINCE DECEASED BY HIS LRs 1(a). AKHIL TIWARI MAJOR S/O C.M.TIWARI 1(b). NIKHIL TIWARI MAJOR S/O C.M.TIWARI 1(c). RINA D/O C.M.TIWARI MAJOR ALL ARE R/AT FLAT NO.1 GROUND FLOOR, TIWARI MANOR NO.61, KANAKAPURA ROAD BASAVANAGUDI BANGALORE – 560 004 … RESPONDENTS (BY SRI N.G.VIJAY KUMAR, ADVOCATE FOR R1(a) & R1(b)) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(c) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 26.04.2016 PASSED BY THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BENGALURU IN MISC.PETITION NO.25246/2012.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Under I.A.No.2/2016, leave is sought to prosecute the appeal against the deceased respondent C.M.Tiwari. It is reported that the respondent C.M.Tiwari died after disposal of the appeal by the trial Court, but no document is produced to substantiate the death of the respondent C.M.Tiwari or date of such death and that he died, after the trial Court passed the impugned judgment.
2. Apart from that, the appeal against proposed respondent No.1(c) is already dismissed. The cause of action and relief are indivisible. It appears that the appellant is not interested in prosecuting the matter. Therefore, I.A.Nos.1 and 2 of 2016 are hereby dismissed. Consequently, the appeal is dismissed.
KSR Sd/- JUDGE