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2026 DAILYLAW 21422 (KAR)

T KRISHNAIAH S/O THIMMAIAH v. SRI T ELAVALAGAN

RFA/110/2007 · 2026-06-12

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28492 RFA No. 110 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M REGULAR FIRST APPEAL NO. 110 OF 2007 (DEC/INJ) BETWEEN: T. KRISHNAIAH, S/O. THIMMAIAH, SINCE DEAD REPRESENTED BY LR SMT T.K.DAKSHAYINI, W/O. R.VENKATESH, AGED ABOUT 32 YEARS, NO.31/3, 8TH CROSS, EAST PARK ROAD, MALLESHWARAM, BENGALURU-560055. …APPELLANT (BY SRI. R.PRASAD, ADVOCATE FOR SRI. K.J.KAMATH, ADVOCATE) AND: SRI. T.ELAVALAGAN, S/O. LATE T.THIRUNAVUKKARASU, AGED ABOUT 52 YEAR, R/AT NO.14, G.K.W. LAYOUT, VIJAYANAGAR, BENGALURU-560040. …RESPONDENT (BY SRI. B.SRINIVAS, ADVOCATE AND SRI. B.S.NALINI, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28492 RFA No. 110 of 2007 THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.R.Prasad, counsel on behalf of Sri.K.J.Kamath for the appellant has appeared in person. The appeal is listed today for orders regarding non taking steps in respect of sole respondent. Counsel for the appellant seeks time to take steps in respect of sole respondent. This Court is not inclined to grant time. The reason is apparent. As could be seen from the death certificate, the sole respondent has died on 25.08.2019. Now we are in the month of June, 2026. It's almost seven years. Steps are not taken in respect of sole respondent in time. By operation of law, the appeal abates. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 17