IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No.1291 OF 2018 Between:
Sri C. P. Gurupadaswamy S/o Late R. Panchaksharaiah, Aged about 59 years, Agrahara Jolenahalli Village, Dandiganahalli Hobli, Channarayapattana Taluk, Hassan District-571 112. ... Appellant (By Sri H. N. Shashidhara, Advocate) And:
1. Padmamma W/o Late C. P. Vishweshwaraiah, Aged about 48 years, 2. Sagar S/o Late C.P. Vishweshwaraiah, Aged about 24 years, 3. Ganavi D/o Late C. P. Vishweshwariah, Aged about 22 years, The respondent Nos.1 to 3 are R/at Agrahara, Cholenahalli Village, Dandiganahalli Hobli, Channarayapattana Taluk, Hassan District-571 112.
4. Jeevan S/o Late Harishwaraiah, Aged about 35 years, 5. Pavan S/o Late Harishwaraiah, Aged about 33 years, Both are R/at Shivaiahnakoppalu Village, Shanthigrama Hobli, Hassan Taluk-571 112.
6. C. P. Shashidhara S/o H.R.Panchakasharaiah, Aged about 63 years, R/at Agrahara, Cholenahalli Village, Dandiganahalli Hobli, Channarayapattana Taluk, Hassan District-571 112. ... Respondents This Regular Second Appeal is filed under Section 100 of CPC., 1908 against the judgment and decree dated 15.12.2017 passed in R.A.No.45/2013 on the file of the II Additional District and Sessions Judge, Hassan, dismissing the appeal and confirming the judgment and decree dated 23.01.2013 passed in OS No.75/2006 on the file of the Senior Civil Judge, Holenarasipur.
This Regular Second Appeal coming on for Orders this day, the Court delivered the following:
Judgment The learned counsel for the appellant submits that he has been instructed that the appellant is no more, and he has not received any instructions to take necessary steps to bring the legal representatives of the deceased appellant on record. The learned counsel submits that the appeal in the aforesaid circumstance would abate.
In the light of this submission, the appeal stands abated.
Sd/- Judge RB