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2023 Supreme(Kar) 550
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
Advocate Appeared:
For the Appellant :Sri. Vikram Vijay Kumar, Advocate
For the Respondent:Sri. Ananth. S. Jahagirdar, Advocate
Important Points
Subject
Civil Law - Abatement of Appeal
Headnote
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.
