IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON' BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR SECOND APPEAL No.1112/2014 BETWEEN:
SRI P R KEMPAIAH S/O LATE NAGANNA AGED 62 YEARS R/O PUTTAGANAHALLI VILLAGE KOLALA VILLAGE, KOLALA HOBLI KORATAGERE TALUK TUMKUR DISTRICT 572140.
(BY SRI.K V NARASIMHAN, ADV.) AND:
SRI KALLAIAH S/O LATE NAGANNA AGED ABOUT 58 YEARS R/O PUTTAGANAHALLI VILLAGE KOLALA VILLAGE, KOLALA HOBLI KORATAGERE TALUK TUMKUR DISTRICT 572140 (BY SRI.PRASANNA V R, ADV.) ... APPELLANT ... RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.04.2013 PASSED IN R.A.NO.13/2007 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & JMFC, MADHUGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.11.2006 PASSED IN O.S.NO.145/2001 ON THE FILE OF CIVIL JUDGE (JR.DN) & JMFC, KORATAGERE AND TRIAL COURT DISMISSED THE SUIT. APPELLATE COURT DISMISSED THE APPEAL. THE SUIT FOR PERMANENT INJUNCTION.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the respondent has filed a memo dated 03.06.2019 reporting the death of sole respondent on 02.01.2018.
Since no steps have been taken by the appellant to bring the legal representatives of deceased sole respondent on record, till date and in view of the memo, the appeal is dismissed as abated.
Sd/- JUDGE NG* Ct:bms