IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.1224 OF 2010 BETWEEN SRI K.KALAPPA S/O LATE MUNIYAPPAA HOTTAPANAVAR, AGED ABOUT 62 YEARS, NO. 58, SUBBAIAH BUILDING, MANGANAHALLI CROSS, HULLALU, BENGALURU – 560058.
... APPELLANT (BY SRI SHYAM KOUNDINYA A.S. ADVOCATE - ABSENT ) AND 1. SHRI M. RAJANNA S/O LATE MUNIYAPPAA HOTTAPANAVAR, AGED ABOUT 65 YEARS, R/A. KADABUGERE NEW, EXTENSION, KADABUGERE POST, MAGADI ROAD, VIA THAVAREKERE, BENGALURU SOUTH TALUK – 560081.
2. SMT. MARIYAMMA @ NARASAMMA W/O M. RAMAIAH, AGED ABOUT 50 YEARS, R/A KADABUGERE NEW EXTENSION, KADABUGERE POST, MAGADI ROAD, VIA THAVAREKERE, BENGALURU SOUTH TALUK – 560081.
3. SHRI. K. RAVIKUMAR S/O M. KEMPAIAH AGED ABOUT 35 YEARS, R/A KADABUGERE NEW EXTENSION, KADABUGERE POST, MAGADI ROAD, VIA THAVAREKERE, BENGALURU SOUTH TALUK – 560081.
4. SHRI. VASANTHAKUMAR AGED ABOUT 45 YEARS, 22, LAKKAPPA BUILDING, NAGASANDRA, THYAGARAJ NAGAR, BENGALURU - 560028.
5. SHRI. V.NAGAPPA S/O VENKATAPPA, R/A KADABUGERE NEW EXTENSION, KADABUGERE POST, MAGADI ROAD, VIA THAVAREKERE, BENGALURU SOUTH TALUK – 560081.
6. SHRI. KRISHNAPPA S/O VENKATAPPA, SINCE DECEASED BY LRS 6A. SMT. SHAKUNTHALA W/O LATE KRISHNAPPA, AGED ABOUT 50 YEARS, R/AT NO.11, 6TH MAIN 1ST CROSS, GANANA JYOTHI NAGAR, BENGALURU.
6B. SMT. USHA RANI D/O. LATE KRISHNAPPA, AGED ABOUT 32 YEARS, W/O. SRI. RAMANJANAPPA R/AT BYATHA VILLAGE, BYATHA POST, HESSARGHATTA HOBLI, BENGALURU NORTH TALUK.
6C. SMT. RADHIKA D/O. LATE KRISHNAPPA, AGED ABOUT 27 YEARS, NO.16, BAPUJI NAGAR, 5TH MAIN, 12TH CROSS, BENGALURU.
6D. SRI K.CHANDRAPPA @ CHANDRA SHEKAR S/O. LATE KRISHNAPPA, AGED ABOUT 26 YEARS, NO.11, 6TH MAIN, 1ST CROSS, GANANA JYOTHI NAGAR, BENGALURU.
7. SRI MUNIYAPPA MAJOR FATHER’S NAME NOT KNOWN R/A NO. 5, 1ST CROSS I A MAIN, MEENAKSHI NAGAR KAMAKSHIPALYA BENGAKURU – 560079.
... RESPONDENTS (RESPONDENTS - SERVED) RFA FILED U/S 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:22.01.2010 PASSED IN OS.281/2009 ON THE FILE OF THE CIVIL JUDGE(SR. DN.) AND JMFC., NELAMANGALA, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Appellant’s counsel is absent. Memo filed by the counsel for the appellant shows that the appellant died on 19.07.2014. Xerox copy of death certificate is also produced. No application to bring the legal representatives of the appellant has been filed so far.
Therefore, abatement of the appeal is recorded.
Sd/- JUDGE NS/nms