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2025 DAILYLAW 14582 (KAR)

SMT SEETHAMMA v. SRI ASHWATH REDDY

RSA/31/2014 · 2025-01-29

T G Shivashankare Gowda

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Judgment text

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- 1 - NC: 2025:KHC:4011 RSA No. 31 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR SECOND APPEAL NO. 31 OF 2014 (PAR) BETWEEN: 1. SMT. SEETHAMMA W/O LATE G. NARAYANA REDDY, AGED ABOUT 68 YEARS, 2. SRI. N. ESHWAR REDDY S/O LATE G. NARAYANA REDDY, AGED ABOUT 45 YEARS, APPELLANTS 1 AND 2 ARE RESIDING AT MALAPALLI VILLAGE, CHINTAMANI TOWN - 563 125, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT. 3. SRI GOPALA REDDY S/O LATE G.NARAYANA REDDY, (AS PER COURT ORDER DATED APPELLANT.NO.3 IS DELETED) …APPELLANTS (BY SRI. SURESH D. DESHPANDE, ADVOCATE) AND: 1. SRI. ASHWATH REDDY, S/O LATE G. VENKATA REDDY, AGED ABOUT 55 YEARS, 2. SRI. GOPALA REDDY S/O LATE G. VENKTA REDDY, AGED ABOUT 50 YEARS, Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4011 RSA No. 31 of 2014 3. SRI. KRISHNA REDDY S/O LATE G. VENKATA REDDY, AGED ABOUT 42 YEARS, 4. SMT. LAKSHMIDEVAMMA W/O LATE M.G. KOTA REDDY, AGED ABOUT 70 YEARS, 5. SRI. DR. K. SATHISH BABU S/O LATE M.G. KOTA REDDY, AGED ABOUT 43 YEARS, THE RESPONDENTS 1 TO 5 ARE RESIDING AT MALAPALLI VILLAGE, CHINTAMANI TOWN - 563 125, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT. …RESPONDENTS (BY SRI. B.V. GANGI REDDY, ADVOCATE FOR R1 TO R3; R4 - SERVED) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 10.10.2013 PASSED IN R.A.NO.75/2011 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, CHINTHAMANI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 15.10.2011 PASSED IN OS.NO.116/2009 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, CHINTAMANI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA - 3 - NC: 2025:KHC:4011 RSA No. 31 of 2014 ORAL JUDGMENT Perused the memo dated 27.02.2024 filed by the learned counsel for respondent Nos.1 to 3 reporting the death of respondent No.3 on 06.01.2020. Till now no steps are taken even though the details of proposed respondents are furnished in the said memo. Hence, the appeal against respondent No.3 stands abated. Learned counsel for the appellants submits that appellant No.1 died on 25.04.2021 and appellant No.2 died on 24.12.2023. No steps are taken to bring the legal representatives. Since, the death of the appellants was more than one year, the appeal stands abated. SD/- (T.G. SHIVASHANKARE GOWDA) JUDGE PK List No.: 1 Sl No.: 13