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2025 DAILYLAW 41179 (KAR)

SRINIVAS POOJARY v. HIRIYANNA KIDIYOOR

RSA/70/2020 · 2025-10-24

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:42046 RSA No. 70 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 70 OF 2020 (MON) BETWEEN: SRINIVAS POOJARY, S/O. KANTHU KOTIAN, AGED ABOUT 58 YEARS, KODANKOOR, PUTTUR VILLAGE, UDUPI TALUK-576103. …APPELLANT (BY SRI. KRISHNA SWAMY S., ADVOCATE) AND: HIRIYANNA KIDIYOOR, S/O. TANKRU MENDON, AGED ABOUT 67 YEARS, 'VANASUMA' HOUSE, KIDIYOOR VILLAGE, UDUPI TALUK-576103. …RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR SECOND APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42046 RSA No. 70 of 2020 ORAL ORDER Sri.Krishna Swamy.S., counsel for the appellant has appeared through video conferencing and submits that a memo has been filed on 05.04.2024 stating that the sole appellant - Srinivas Poojary has died on 02.02.2024. Counsel, therefore, submits that the memo may be placed on record and an appropriate order may be passed. Submission is noted. Memo is placed on record. The sole appellant died back in 2024. Now we are in the month of October, 2025. It's almost one and a half year. The application to bring the legal representatives of deceased sole appellant is not filed. By operation of law, the appeal abates. Because of disposal of the appeal, pending interlocutory applications if any are disposed of and interim direction if any stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP,KMV List No.: 1 Sl No.: 10