IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MRS. JUSTICE K. S. MUDAGAL Regular Second Appeal No.974/2017 BETWEEN:
SRI SIDDAIAH, S/O LATE NANJAIAH, AGED ABOUT 70 YEARS NOW PRESENTLY R/AT SATYANANGALA SWANDENAHALLI POST, NEAR NH-4 BYPASS TUMKUR-572 104.
... APPELLANT (BY SRI GANGI REDDY B. V., ADVOCATE) AND:
1. SMT. LINGAMMA, W/O LATE BETTASWAMAIAH, AGED ABOUT 69 YEARS.
2. GANGADHAR, S/O LATE BETTASWAMAIAH, AGED ABOUT 53 YEARS.
3. KRISHNAPPA, S/O LATE BETTASWAMAIAH, AGED ABOUT 50 YEARS.
4. SMT. KAMALAMMA, D/O LATE BETTASWAMAIAH, AGED ABOUT 48 YEARS.
5. SMT. YASHODA, D/O LATE BETTASWAMAIAH, AGED ABOUT 46 YEARS.
6. SRI MAHADEV, S/O LATE BETTASWAMAIAH, AGED ABOUT 44 YEARS.
ALL ARE R/AT BETTAGOWDANAPALYA VILLAGE, HAMLET OF BASAVENAHALLI, SOLUR HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT-562 120.
... RESPONDENTS (BY SRI B. T. INDU SHEKAR, ADVOCATE FOR R1 TO R6) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DTD: 21.08.2012 PASSED IN R.A.NO.54/2007 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD:16.04.2007 PASSED IN OS.NO.49/1994 ON THE FILE OF THE CIVIL JUDGE(JR.DN.) AND JMFC, MAGADI.
THIS RSA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment Learned counsel for respondents files memo with certified copy of the order in RSA No.2311/2012. The said order shows that challenging the very same judgment and decree, the appellant had filed RSA No.2311/2012 and the same was dismissed on 1.3.2019 holding that the sole respondent-Bettaswamy died in 2015 and the appeal has abated.
2. Again the appellant has filed this appeal against the legal representatives of deceased sole respondent- Bettaswamy challenging the very same judgment and decree. Therefore, this appeal is per se not maintainable and disposed of accordingly.
3. Pending I.As. stood disposed of accordingly.
Sd/- JUDGE RD