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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
Rajendra Badamikar, J.
Smt. Chandamma, W/o Shankrappa Chalgeri - Appellant
Versus
Channaveer Alleged S/o Anandraya Hadagil @ Narayanpur - Respondent
RSA No.200036 of 2014 (DEC)
Decided On : 14-06-2022
Abatement - Failure to bring legal representatives of deceased appellant - Appeal abated
Fact of the Case:
The appellant is reported to be dead and no steps were taken to bring the legal representatives of the deceased appellant within the granted time period.
Finding of the Court:
The court found that despite the granted time period, no steps were taken to bring the legal representatives of the deceased appellant, leading to the abatement of the appeal.
Issues: Failure to bring legal representatives of deceased appellant within the granted time period
Ratio Decidendi: The failure to bring the legal representatives of the deceased appellant within the granted time period resulted in the abatement of the appeal.
Final Decision: The appeal stands abated due to the failure to bring the legal representatives of the deceased appellant within the granted time period.
JUDGMENT :
The sole appellant is reported to be dead and the learned counsel for respondent has filed a memo on 02.08.2021 itself reporting death of appellant on 18.07.2021. In spite of granting more than 9 months, no steps were taken to bring the legal representatives of deceased appellant. Hence, the appeal stands abated.
Failure to bring the legal representatives of a deceased appellant within the granted time period results in the abatement of the appeal.
The court emphasizes the necessity of timely action to implead legal representatives in cases of the appellant's death.
Failure to implead legal representatives of deceased party causes abatement of appeal.
Failure to add legal representatives of a deceased appellant can lead to the dismissal of the appeal as abated.
Second appeals abate due to death of sole appellant without substituting legal representatives.
An appeal stands dismissed due to abatement when no application for the impleadment of the deceased appellant's legal heirs is filed.
An appeal abates if the sole appellant dies and their legal heirs show no interest in prosecution.
The legal principle established is that an appeal abates upon the death of the sole appellant.
An appeal abates upon the death of an appellant if no legal heirs are substituted, as per procedural law.
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