IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR SECOND APPEAL NO.1826/2014 BETWEEN:
Sri D.N. Eshawarappa S/o late Nanjundappa Aged about 79 years Residing at Talya Village Holalkere Taluk Chitradurga District – 577 501.
…Appellant (By Sri B.M. Siddappa, Adv.) AND:
1. Sri D. N. Jayappa S/o. late Nanjundappa Aged about 68 years Residing at Talya Village Holalkere Taluk Chitradurga District – 577 501.
2. Sri D.N. Shivappa S/o. late Nanjundappa Aged about 69 years Retired Asst. Director of Agriculture and Agriculturist, R/a Talya Village Holalkere Taluk Chitradurga District Now residing at Door No.579 Anjaneya Extension, Davanagere City – 577 002.
(Served) ... Respondents This appeal is filed under Section 100 of CPC against the judgment and decree dt.25.09.2014 passed in R.A.No.33/2009 on the file of Senior Civil Judge, Holalkere allowing the appeal and setting aside the judgment and decree dated 16.6.2009 passed in O.S.No.96/2008 on the file of the Prl. Civil Judge (Jr.Dn.) & JMFC, Holalkere.
This appeal coming on for orders this day, the Court made the following:
ORDER Appellant’s Counsel prays for time today also. The order sheet dated 13.10.2017 shows that as a last chance, the matter was adjourned to today. Since the sole appellant has died and legal representatives are not brought on record within time, the appeal is abated.
sd/-
JUDGE SA