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.2153/2012 BETWEEN:
SRI PATHRE SREEKANTAPPA DEAD BY HIS LEGAL REPRESENTATIVES SMT. GOWRAMMA N W/O LATE ARALE NANJUNDAPPA SISTER OF LATE PATHRE SREEKANTAPPA (ORIGINAL APPELLANT IN THE ABOVE APPEAL) AGED ABOUT 88 YEARS R/O NO.379/14, 2ND FLOOR, 6TH CROSS LAKSHMINARAYANAPURA SRIRAMAPURA POST BANGALORE-560 021. ... APPELLANT AMENDED V/C/O DATED 1.7.2015 (BY SRI.G S BALAGANGADHAR, ADV.) AND:
1. SMT. CHANDRAMMA W/O LATE SHIVANNA AGED ABOUT 56 YEARS 2. SRI. SURESHA S/O LATE SHIVANNA AGED ABOUT 41 YEARS 3. SRI. UMESHA S/O LATE SHIVANNA AGED ABOUT 36 YEARS 4. SRI. UDAY @ UDAY KUMAR S/O LATE SHIVANNA AGED ABOUT 32 YEARS 5. SRI. JAYADEVA S/O LATE DODDANANJUNDAPPA AGED ABOUT 68 YEARS 6. SRI. Y N ESWARAPPA S/O LATE DODDANANJUNDAPPA AGED ABOUT 63 YEARS ALL ARE R/O YALIYURU VILLAGE KASABA HOBLI, SIRA TALUK TUMKUR DISTRICT-572 132. ... RESPONDENTS (BY SRI.K NARASIMHA MURTHY, ADV. FOR R1-4 SRI P MAHESHA, ADV. FOR R5 VIDE COURT ORDER DT.17/07/2019 APPEAL AGAINST R6 IS ABATED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.9.2012 PASSED IN R.A.No.11/2012 ON THE FILE OF SENIOR CIVIL JUDGE, SIRA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.01.12 PASSED IN O.S.No.211/2009 ON THE FILE OF CIVIL JUDGE & JMFC, SIRA AND TRAIL COURT DECREED THE SUIT. APPELLATE COURT ALLOWED THE APPEAL SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appellant No.1(a) is reported to be dead on 04.02.2016.
2. Respondent No.6 is reported to be dead on 08.07.2017. Therefore, I.A.No.1/2013 filed for transposing respondent No.6 as appellant No.1 stands dismissed.
3. Since steps are not taken, appeal against the said parties is dismissed as abated.
4. Learned counsel for the appellant submits that the application to transpose the 5th respondent as appellant is still pending, therefore, he seeks time.
5. When the appellant is dead and a blank is created, there cannot be prejudge of transposure. Since steps are not taken because of death of legal representative of the legal representative of deceased appellant, since she was sole appellant, the appeal is dismissed as abated.
6. Similarly appeal against respondent No.6 also stands dismissed as abated.
Rights of respondent No.5 is kept open.
Sd/- JUDGE NG* Ct:bms