IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR SECOND APPEAL NO.1600/2011 BETWEEN:
Sri. Kapanaiah, S/o late Gendaiah, Aged about 74 years, R/at Chikkadanahally Village, Biliker Hobli, Hunsur Taluk, Mysore District – 571 105. … Appellant (By Sri. B.S.Nagaraj, Advocate) AND:
1. Smt. Shivamma, W/o Siddaiah, Aged about 49 years, 2. Smt. Sakamma, W/o late Nanjaiah, Aged about 71 years, Both are R/at Earanadasi Koppal Village, Hamlet of Gagenahally Village, Hunsur Taluk, Mysore District – 571 105.
3. Sri.Kempananjaiah, S/o late Gendaiah, Aged about 59 years, 4. Smt. Latha, W/o late Ramesha, Aged about 39 years, 5. Kumari Meghana, Aged about 11 years, D/o late Ramesha, Age by Minor Represented by her mother, Respondent No.4.
6. Smt. Karagamma, Age 60 years, W/o late Nanjaiah, All are R/at Chikkadanahally Village, Bilikere Hobli, Hunsur Taluk, Mysore District – 571 105. … Respondents (Service to R3 and R6 is held sufficient vide Court order dated 28.09.2012;
R5 is minor, Represented by R4;
R1 and R2 are served and unrepresented) This Regular Second Appeal is filed under Section 100 of CPC against the Judgment and Decree dated:05.03.2011 passed in R.A.No.120/2006 on the file of the Senior Civil Judge and JMFC, Hunsur, allowing the appeal and setting aside the Judgment and Decree dated 20.07.2006 passed in O.S.No.10/2002 on the file of the Civil Judge (Jr.Dn.) and JMFC., Hunsur.
This Regular Second 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 submits that the appellant has died two years back.
By virtue of death of the appellant, the appeal stands abated.
Sd/- JUDGE RS/*