IN THE HIGH COURT OF KARNATAKA, BANGALORE '
DATED THIS ON THE 30TH DAY OF SEPTEMBER 201.3. L
BEFORE
THE HGNBLE MR. JUSTICE "
REGULAR SECOND APPEAL NOL-776' QF '200'9" VI? '
I
Sri.Mu1ubaga1appa,
S/0 Venkatappa, @ Munivenkai:-;ppa,«.AT""' =
Since dead by LRS, * V
1. Smt.Muniyamma, '
W/0 Late.MuIavagalapp--a H V
Aged about 60 years _ _ V'
2. Smt.Jayaia};s}1a--1TTaj:T1TfTE;;. t
W/0 _
Aged about'years_,' '
3. Smt.Shantamri1a,A .
W/o Anjanappa,' '-
v4.Gandhimé1gaf; 151 Main.RQ_ad,
Near Bhadréichazi Compound,
Kola: T0w11:V5'€~3'1.VO'1v
*9' " " ' :Appe11ant/S
2 _{By Advocate)
S/'o.'{':i_cb1d*c_'. Hanumappa,
Ageciabout 72 years,
. -Ganadhi Nagar,
-Kélar Town--563 1 O 1.
to
2. Venkataramappa.
S / o Late.Venkasl"1arnappa,
R/at Pleeranakoppa Village.
Bethainangala Hobli.
Bangarapete Town.
Kolar District: 563 1 01 .
[By Sri.N.S.Sheshadri. Advocate for R-1}
;
RSA filed U/s.l00 of CPC, againsti__th.e. Judlgexnentn
Decree Dated 4.4.2009 passed in RA.l\lo.ll3;!.20OV8 on tiiexfile of , *
the Prlflistrict Judge. Kolar, allowed...» the appeaI'=segt aside the
Judgement and Decree Dtd:30. 1 1.2006 passed in 03.223/2002 on
the file of the Prl.Civil Judge {Jr.J;)n.} Kolarj
This appeal coming on "day, the Court
delivered the following: ' V
Heard vvtl*1'e' cona"nselA"""or"£V the appellants and
respondents.:xKp it
2. It is bro’ug_ht._to At_he'”:attention of this Court that
re.~§pon,dent”{‘ a.Pio.-llpp hefore the lower appellate court
as on 5.9.2007. This apparently was
broulghlt to attention of the lower appellate court by
‘”tlie<__o0t1nsel.'-appearing for Mulbagalappa and the lower
V having proceeded, has rendered the judgment
3 dead person. The legal representatives of
3
Mulbagalappa have now filed this appeal and produced the
death certificate to establish that Mulbagalappa had died as
on the above date and since the judgment is deliveredron
4.4.2009, the contention that the judgment was H
on the legal representatives as the same was pas~sed’::a,gai_:r1st ll
dead person has to be accepted.
Accordingly, the judgmentvland decree’ of
appellate court is set aside. The _rerriittedvfiforlf%a fresh
consideration. Since the the deceased
have been brought on shall be
treated as olfwll/llulbagalappa and the
matter shall heard oiiaiter affording opportunity to
both the part..i.es atiddthe hvappealsbe decided in accordance with
law. *
Sd/-.
Judge