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2025 DAILYLAW 32953 (KAR)

BILIGIRI RANGAIAH N.R. v. SMT. JAYAMMA

RSA/178/2013 · 2025-07-04

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24210 RSA No. 178 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 178 OF 2013 (DEC/INJ) BETWEEN: BILIGIRI RANGAIAH N.R. S/O LATE CHAMUNDIAH AGED ABOUT 63 YEARS RESIDING AT NO C H 50 11TH CROSS, ASHOKAPURAM MYSORE – 570 001 …APPELLANT (BY SRI. S K MANJUNATH, ADVOCATE) AND: 1. SMT. JAYAMMA W/O LATE MARAIAH MAJOR 2. GANESH S/O LATE MARAIAH MAJOR 3. ESHWAR S/O LATE MARAIAH MAJOR 4. DEVAMMA D/O LATE MARAIAH AGED ABOUT 52 YEARS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24210 RSA No. 178 of 2013 5. ERAMMA D/O LATE MARAIAH AGED ABOUT 47 YEARS 6. NAGARAJ S/O LATE MARAIAH AGED ABOUT 37 YEARS ALL ARE R/AT D NO. 1795 10TH CROSS, ASHOKAPURAM MYSORE – 570 001 …RESPONDENTS THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 5.3.2012 PASSED IN R.A.NO.668/2011 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-IV, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 15.7.2011 PASSED IN OS.NO.184/2005 ON THE FILE OF II CIVIL JUDGE & JMFC, MYSORE. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Case called out. None appears for the appellant. It was reported that the sole appellant passed away on 04.07.2016 and the proposed legal representatives of the deceased appellant filed I.A.Nos.2/2019 to 4/2019, for setting aside the abatement, condonation of delay of 839 - 3 - HC-KAR NC: 2025:KHC:24210 RSA No. 178 of 2013 days in filing the LR application, and seeking permission to come on record. 2. The office has raised objections on the said applications. The matter was listed on 29.11.2024. Finally, a week’s time was granted to comply with the office objections , failing which, the applications shall be treated as rejected without reference to the Court. 3. By virtue of the order dated 29.11.2024, the applications are rejected by the operation of law. The sole appellant died. In view of the rejection of the applications, the appeal stands abated. Accordingly, the appeal is dismissed as abated. In view of the dismissal of the appeal, pending applications, if any, stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS