IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.1104 OF 2010 BETWEEN:
Sri. N.M.Sharma S/o. Late Rameshwardasji, Aged about 72 years, R/s 3352, K.R.Road, BSK II Stage, Bangalore-560 070 Represented by G.P.A Holder, J.P.Sharama.
(By Sri.C.Lakshminarayana Rao, Advocate) AND:
Smt. Neelam Sharma W/o. E.C.Sharama, Aged about 35 years, Formerly at 3352, K.R.Road, BSK II Stage, Bangalore-560 070 Now at No.220, “Ganga”, National Games College, B.D.A Complex, Koramangala, Bangalore-560 034.
(By Sri.S.G.Bhagavan, Advocate ) …Appellant …Respondent **** This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated:22.03.2010 passed in O.S.No.2380/2004 on the file of the XIV-Addl. City Civil Judge, Bangalore, dismissing the suit for recovery of money.
This Regular First Appeal coming on for Hearing this day, the Court made the following:
O R D E R Learned counsel from both side present.
Learned counsel for the appellant submits that the appellant is dead. At the same time learned counsel for the respondent files a memo dated 30.07.2019 reporting the death of the appellant on 29.03.2018.
In view of the fact that the death of the appellant is admitted by learned counsel from both side and according to the memo filed today the appellant is died on 29.03.2018 and his legal representatives have not been brought on record and also in view of the fact that the deceased appellant is the sole appellant in this appeal, the appeal stands abated.
Sd/- JUDGE PN