IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A.NO.107 OF 2012 (INJ) BETWEEN:
1. SRI G.THIMMAIAH S/O. LATE GIRIYAPPA AGED ABOUT 57 YEARS 2. SMT.SONNAMMA W/O. G.THIMMAIAH AGED ABOUT 56 YEARS 3. SRI MUDALAGIRIYAPPA WRONGLY SHOWN AS MURALI) S/O. SRI.G.THIMMAIAH AGED ABOUT 36 YEARS 4. SRI GIRIYAPPA (WRONLY SHOWN AS GIRI) S/O. G.THIMMAIAH AGED ABOUT 41 YEARS ALL ARE R/AT NAGADEVANAHALLI GOLLARAHATTI, NEAR RING ROAD KENGERI HOBLI, BANGALORE SOUTH TALUK BANGALORE – 560 056 (BY SRI M.N.UMASHANKAR, ADVOCATE …APPELLANTS AND:
SRI K.GANGAPPA S/O. LATE KEMPAIAH AGED ABOUT 71 YEARS R/AT NO.29/1, 1ST MAIN ROAD E STREET, NEW GUDDADAHALLI MYSORE ROAD, BANGALORE – 560 026 ... RESPONDENT (BY SRI P.KRISHNAPPA, ADVOCATE FOR C/R) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.12.2011 PASSED IN O.S.NO.2066/2007 ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER On 09.06.2016 itself the counsel for the respondent filed a memo reporting the death of sole respondent- K.Gangappa on 15.04.2016. Since then no application for bringing the legal representatives of deceased respondent has been filed even though in the memo, the names of legal representatives of the deceased respondent have been mentioned. Therefore, the appeal stood abated after expiry of 90 days from the date of death.
Sd/- JUDGE HJ