IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.1846/2015 (DEC) BETWEEN:
SRI DODDAHONNAIAH S/O GANGADHARAIAH AGED ABOUT 77 YEARS R/AT AGRAHARA GARDEN ROAD TUMKUR DISTRICT – 576 101 … APPELLANT (BY SRI VIGHNESHWAR S. SHASTRI, ADV.) AND:
1. SRI CHIKKAHANUMANTHAIAH S/O HANUMAIAH AGED ABOUT 80 YEARS R/AT AGRAHARA GARDEN ROAD TUMKUR DISTRICT – 576 101 KEMPAHONNAIAH, SINCE DEAD BY HIS LRs 2. SMT.DODDAMMA W/O LATE KEMPAHONNAIAH AGED ABOUT 70 YEARS R/AT AGRAHARA, BEHIND SHISHUVIHARA BEEDHI MANE, TUMKUR TALUK & DISTRICT – 576 101 3. SRI KUMAR S/O LATE KEMPAHONNAIAH AGED ABOUT 43 YEARS R/AT AGRAHARA, BEHIND SHISHUVIHARA BEEDHI MANE, TUMKUR TALUK & DISTRICT – 576 101 4. SMT.RAMADEVI W/O CHANNABASAVIAH D/O LATE KEMPAHONNAIAH AGED ABOUT 55 YEARS R/AT CIKKANAHALLY GATE GUBBI TALUK, TUMKUR DISTRICT – 576 101 5. SMT.SHARADA D/O LATE KEMPAHONNAIAH AGED ABOUT 40 YEARS R/AT NARASAPURA VILLAGE UORUKERE HOBLI, TUMKUR TALUK & DISTRICT – 576 101 6. SRI NARAYANA S/O LATE KEMPAHONNAIAH AGED ABOUT 35 YEARS R/AT AGRAHARA BEHIND SHISHUVIHARA BEEDHI MANE, TUMKUR TALUK & DISTRICT – 576 101 PUTTAIAH SINCE DEAD BY HIS LRs 7. SRI RAMESH S/O PUTTAIAH AGED ABOUT 50 YEARS R/AT AGRAHARA GARDEN ROAD TUMKUR DISTRICT – 576 101 8. SMT.RAMAKKA W/O LATE PUTTAIAH AGED ABOUT 60 YEARS R/AT AGRAHARA GARDEN ROAD TUMKUR DISTRICT – 576 101 9. SRI HANUMANTHARAJU S/O LATE PUTTAIAH AGED ABOUT 45 YEARS R/AT AGRAHARA GARDEN ROAD TUMKUR DISTRICT – 576 101 10. SRI UMESH S/O LATE PUTTAIAH AGED ABOUT 32 YEARS R/AT AGRAHARA GARDEN ROAD TUMKUR DISTRICT – 576 101 11. SRI BHIMI S/O LATE PUTTAIAH AGED ABOUT 35 YEARS R/AT AGRAHARA GARDEN ROAD TUMKUR DISTRICT – 576 101 12. SRI SETTALLAIAH S/O CHIKKAHANUMANTHAIAH AGED ABOUT 80 YEARS R/AT AGRAHARA GARDEN ROAD TUMKUR DISTRICT – 576 101 13. SRI LAKSHMANA S/O BADAGI CHIKKAHANUMAIAH AGED ABOUT 50 YEARS R/AT AGRAHARA GARDEN ROAD TUMKUR DISTRICT – 576 101 KAREHANUMAIAH SINCE DEAD BY HIS LRs.
14. THIMMAVVA W/O LATE KAREHANUMAIAH R/O AGRAHARA GARDEN ROAD, TUMKUR DISTRICT – 576 101 15. KARIYANNA S/O LATE KAREHANUMAIAH R/O AGRAHARA GARDEN ROAD, TUMKUR DISTRICT – 576 101 PUTTAHANUMAIAH SINCE DEAD BY HIS LRs.
16. SHARADAMMA W/O PUTTAHANUMAIAH R/O A.D.A OFFICE, S.S.PURAM RADHAKRISHNA ROAD, TUMKUR DISTRICT – 576 101 17. HARISH S/O PUTTAHANUMAIAH R/O A.D.A. OFFICE, S.S.PURAM RADHAKRISHNA ROAD, TUMKUR DISTRICT – 576 101 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:18.08.2015 PASSED IN R.A.NO.5/2010 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, TUMKUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 16.11.2019 PASSED IN O.S.NO.175/1999 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN.) & JMFC, TUMKUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned Counsel for the appellant has filed memo on 31.1.2019 reporting the death of the sole appellant. As per the Death Certificate, the appellant has died on 26.2.2017. Therefore, appeal is abated and disposed of accordingly.
In view of disposal of the appeal, office objections do not survive for consideration and disposed of accordingly.
Sd/- JUDGE KNM/-