IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.1428 OF 2011 BETWEEN:
Sri. H. Nanjundaiah S/o. Hombale Nanjaiah, Aged 66 years, R/at No.58, Manjunath Swamy Nilaya, 3rd Cross, Nagavarma Road, Pattegara Palya, Bangalore-79.
…Appellant (By Sri.B.L.Nandakumar and Associates, Advocate) AND:
Sri. H.S.Shivakumar S/o. Sadashivaiah, Aged Major, R/at Hulivana Village, Keragodu Hobli, Mandya Taluk and District.
…Respondent **** This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated:05.07.2011 passed in O.S.No.568/2007 on the file of the XXXI Addl. City Civil Judge, Bangalore City, dismissing the suit for recovery of money.
R.F.A.No.1428/2011 2 This Regular First Appeal coming on for Orders this day, the Court made the following:
O R D E R Learned counsel for the appellant has filed a memo dated 15.07.2019 reporting the death of appellant on 16.07.2017.
Since the appellant is the sole appellant herein and despite the death of the appellant, no steps were taken to bring the legal representatives of deceased appellant on record and even according to the learned counsel for the appellant, the sole appellant has died on 16.07.2017, the appeal stands abated.
Sd/- JUDGE PN