IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL No.1256 of 2011 (SP) BETWEEN:
1. SRI M.H.RAMAIAH, AGED ABOUT 58 YEARS, S/O LATE HUCHAIAH, 2. SMT. SHIVAMMA, AGED ABOUT 42 YEARS, W/O SRI M.H.RAMAIAH, BOTH ARE RESIDING AT H. MATAKERE, KASABA HOBLI, H.D.KOTE TALUK, MYSORE DISTRICT.
(BY SRI T.N. RAGHUPATHY, ADVOCATE) AND SMT. H.L.PREMA, MAJOR, W/O B.S.KALEGOWDA, RESIDENT OF H. MATAKERE, KASABA HOBLI, H.D. KOTE TALUK-57124, MYSORE DISTRICT.
(BY SRI V.F. KUMBAR, ADVOCATE) ... APPELLANTS ... RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 19.03.2011 PASSED IN R.A.No.1093/2009 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSORE, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 16.01.2009 PASSED IN O.S.NO.53/2005 ON THE FILE OF CIVIL JUDGE (SR.DN), HUNSUR.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Sri T.N.Raghupathy, learned counsel submits that he has already given NOC to the appellant on 22.10.2018 itself and but no other advocate has filed vakalath sofar.
2. It is further submitted that the appellant has died on 31.08.2016 and I.A.Nos.1/2017, 2/2017 and 3/2017 are filed to condone the delay, setting aside abatement and to bring the legal representatives of deceased appellant on record.
3. Till date, office objections are not complied with, in spite of granting sufficient opportunity and the legal representatives of deceased appellant have not appeared and prosecuted the case and not chosen to bring them on record. Hence, I.A.Nos.1/2017, 2/2017 and 3/2017 are dismissed for non-prosecution and the appeal is dismissed as abated due to the death of sole appellant.
SD/- JUDGE PB