IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO.19 OF 2013 BETWEEN:
SRI L.V.VEERANNA S/O VEERABHADRAPPA, AGED ABOUT 86 YEARS, R/AT LAKSHMIPURA VILLAGE, KOOTAGAL HOBLI, RAMANAGARAM TALUK & DISTRICT-571511.
…APPELLANT (BY SRI.D.R.RAJASHEKARAPPA, ADVOCATE) AND:
1. SRI H.C.PARAMASHIVAIAH SINCE DEAD BY HIS LRS 1(a). SMT. LEELAVATHI, W/O LATE H.C. PARAMASHIVAIAH, AGED ABOUT 53 YEARS 1(b). SRI. SURENDRA S/O LATE H.C. PARAMASHIVAIAH, AGED ABOUT 35 YEARS 1(c). SMT. CHANDRAKALA D/O LATE H.C PARAMASHIVAIAH, AGED ABOUT 33 YEARS 1(d). SRI. YOGESH S/O LATE H.C PARAMASHIVAIAH, AGED 31 YEARS 1(e). SMT. MANJULA D/O LATE H.C PARAMASHIVAIAH, AGED ABOUT 29 YEARS 1(f). SMT. AMRUTHESWARI D/O LATE H.C PARAMASHIVAIAH, AGED ABOUT 27 YEARS RESPONDENTS 1(a) TO 1(f) ARE R/AT HARISANDRA VILLAGE, KASABA HOBLI, RAMANAGARAM TALUK & DIST-571 511.
2. THE SUB REGISTRAR RAMANAGARAM TALUK, RAMANAGARAM-571 511.
3. L.V LINGAMURTHY SINCE DEAD BY HIS LRS 3(a). SMT. RUKMINI W/O LATE L.V LINGAMURTHY, AGED ABOUT 48 YEARS 3(b). SMT. DIVYA D/O LATE L.V LINGAMURTHY, AGED ABOUT 31 YEARS 3(c). SMT. DEEPTHI D/O LATE L.V LINGAMURTHY, AGED ABOUT 29 YEARS 3(d). SMT. DEVIKA D/O LATE L.V LINGAMURTHY, AGED ABOUT 27 YEARS 3(e). SMT. POORNIMA D/O LATE L.V LINGAMURTHY, AGED ABOUT 25 YEARS 3(f). SRI. YOGESH S/O LATE L.V LINGAMURTHY, AGED ABOUT 22 YEARS RESPONDENTS 3(a) TO 3(f) ARE R/AT LAKSHMIPURA VILLAGE, KOTTAGAL HOBLI, RAMANAGARAM TALUK & DIST-571 511.
…RESPONDENTS (BY SRI.R.B.SADASHIVAPPA, ADVOCATE FOR R3(A TO F) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DTD 31.08.2012 PASSED IN R.A.NO.164/2011 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARAM, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DTD 13.9.2011 PASSED IN OS.NO.281/1993 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, RAMANAGARA AND ETC., THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for respondent Nos.3(a) to 3(f) submits that appellant has died on 14.03.2017.
In view of the said submission, the appeal stands abated.
Sd/- JUDGE CA