IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.2623 OF 2013 (CPC) BETWEEN:
SRI B KRISHNA BHAT, AGED ABOUT 85 YEARS, S/O LATE B. NARAYANA BHAT, RESIDENT DOOR NO.2/1, J.P ROAD, 1ST PHASE, VISHWABHARATHI HOUSING COMPLEX, GIRINAGAR, BENGALURU – 560085. ... APPELLANT (BY SRI D.VENUGOPAL, ADVOCATE) AND:
1. SRI K LAKSHMINARAYANA AGED ABOUT 55 YEARS, SON LATE SRI KRISHNAPPA, RESIDING AT NO.20/3, 2ND MAIN, 8TH CROSS, SHIVANAHALLI BEHIND GOVT. SCHOOL, RAJAJINAGAR, BENGALURU – 560085.
2. SRI. RAVI KUMAR, AGED ABOUT 30 YEARS, SON LATE SRI PAPANNA, RESIDING AT:
C/O S.C.MURTHY, NO.4051, 2ND MAIN, MANJUNATHA SWAMY TEMPLE ROAD, SBM COLONY, GIRINAGAR, 4TH STAGE, BENGALURU – 560050.
3. SRI N. SHIVAPPA, AGED ABOUT 48 YEARS, S/O NANJUNDAPPA GOWDA C/O S.C. MURTHY, NO.4051, 2ND MAIN, MANJUNATHA SWAMY TEMPLE ROAD, SBM COLONY, GIRINAGAR, 4TH STAGE, BENGALURU – 560050.
4. SRI C.P. SATYANARAYANA, AGED ABOUT 40 YEARS, S/O LATE PARAMESHWAWRA BHAT, RESIDING AT:
C/O S.C MURTHY, NO.4051, 2ND MAIN, MANJUNATHA SWAMY TEMPLE ROAD, SBM COLONY, GIRINAGAR, 4TH STAGE, BENGALURU – 560050.
5. SRI.KIRAN S, AGED ABOUT 21 YEARS, SON SRI SURESH, RESIDING AT NO. 3, 8TH MAIN, 11TH CROSS, GIRINAGAR, 2ND STAGE, BENGALURU – 560085.
6. SRI RAJENDRA, AGED ABOUT 39 YEARS, SON SRI G.R. GANESH, RESIDING AT NO.1221/645, 12TH CROSS, GIRINAGAR, 2ND STAGE, BENGALURU - 560085 7. SRI DINESH, AGED ABOUT 36 YEARS, SON SRI NAGARAJ K, RESIDING AT NO.1221/645, 12TH CROSS, GIRINAGAR, 2ND STAGE, BENGALURU – 560085.
8. SHRIMAD JAGADGUR SHANKARACHARYA, SHRI SHRI RAGHAVESHWARA BHARATHI SWAMIJI, SHRI SAMASTHANA-GOKARNA SHRI RAMACHANDRAPURA MATH, HANIYA POST, HOSANAGAR TALUK, SHIMOGA DIST. KARNATAKA AND HAVING ITS ADMINISTRATIVE OFFICE AT RAMASHRAMA NO.2A, JP ROAD, GIRINAGAR, BENGALURU – 560085, REPRESENTED BY THE CEO SRI.K.G. BHAT. ...RESPONDENTS (BY SRI.K.GOVINDARAJ FOR R8, ADVOCATE, SRI GANAPATHI HEGDE FOR DUA ASSTS. FOR R1 APPEAL AGAINST R2 TO R7 STANDS DISMISSED V/O/D 12.07.2013) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43, RULE 1(r) READ WITH SECTION 104 OF CPC ACT AGAINST THE ORDER DATED 29.01.2013 PASSED ON I.A.NO.1 IN MISC.NO.67/2013 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, ISSUING NOTICE ON I.A.NO.1 FILED UNDER ORDER 39, RULES 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the appellant is absent. No representation.
2. Learned counsel for the respondent No.1 submitted that on 21.02.2019 date a memo was filed by the counsel for respondent No.8 reporting the death of appellant, but no further steps were taken to bring the legal representatives of the appellant on record.
3. It is submitted that the appellant was the defendant No.1 before the trial Court and he was shown as the Managing Trustee. Other trustees are defendant Nos.2 to 9. Even though he was arraigned as defendant No.1, as the Managing Trustee, the appeal was preferred by defendant No.1 in his individual capacity. The remaining trustees are already on record. On expiry of 90 days from the date of death of the appellant, the appeal stands abated.
4. Several opportunities were given, but there was no representation by the counsel for the respondent and no steps are taken.
5. In view of submission of the counsel for the respondent No.1, the memo filed by the counsel for the respondent No.8 is placed on record. Accordingly, the appeal stands abated.
Sd/- JUDGE ykl