Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR CIVIL PETITION No.94 OF 2013 BETWEEN:
Smt. T.Gowramma Wife of T.B.Ugrappa Aged about 67 years Residing at No.574, 9th Main M.C.Layout, Vijayanagar Bangalore - 560040 ... Petitioner (By Sri. S.Vasanth Madhav Advocate) AND:
1. Smt. Leelavathi Babitha Nagesh Wife of T.U.Nagesh Aged about 33 years Residing at No.2, J.P.Nagar 6th Phase, 33rd Main road Yellamma Temple Bangalore – 560078 2. Smt. T.Sharada Wife of H.Muddarangaswamy Aged about 50 years Residing at No.124, L & G KHB colony, 2nd stage 7th Main, Basaveshwarnagar Bangalore – 560079 3. Smt. T Pramila Wife of G.V.Ramakrishnappa Aged about 48 years Residing at No.12, Sree Lakshmi 4th Main, Nanjarasappa Colony Nagarabhavi Main road Bangalore – 560072 4. Smt. T.U.Nirmala Wife of N.Prashanth Aged about 37 years Residing at No.529/A, 9th main road M.C.Layout, Vijayanagar Bangalore - 560040 (By R1 paper publication accepted; R2 to R4 served) ... Respondents This Civil Petition is filed under Order XLIV Rule 1 of CPC, praying to permit the petitioner to prosecute an appeal RFA.781/2013 as an indigent person against the order dated 01.02.2013 passed in O.S.No.3417/2008 on the file of the XVII Additional City Civil Judge, Bangalore.
This Civil Petition coming on for orders this day, the Court made the following;
ORDER Learned counsel for the petitioner has filed a memo stating that the petitioner had filed the petition under Order XLIV Rule 1 of CPC, to prosecute the appeal as an indigent person. During the pendency of this petition, the petitioner died and respondent Nos.2 to 4 are the LR’s of deceased petitioner and they are already on record. In view of death of the petitioner, this petition does not survive for consideration and he further seeks to dismiss the petition as abated 2. In view of the submission of the counsel, memo is placed on record.
3. Civil petition is dismissed as abated.
In view of dismissal of the petition, I.A.Nos.1/2013, 2/2013, 1/2017, 2/2017 and 3/2017 do not survive for consideration and the same stand rejected.
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