GIRIYAPPA SRODAPPA BEERANNAVAR Vs. BALAGAPPA RAMAPPA BHAVANI

JUDGEMENT

(1.) HEARD. THESE applications are filed by the appellant to bring the L. Rs of the deceased respondent on record. It is stated that the said respondent died in February 1998 when the appeal before the lower Court was pending consideration. Admittedly, the appellant who is the appellant before the lower Appellate Court did not bring the L. Rs of the deceased respondent on record when the death of the said respondent occurred during the pendency of the first appeal before the lower Appellate Court. The appeal therefore abated before the lower Appellate Court because of the failure of the appellant to bring the L. Rs of the deceased respondent on record. The said appeal before the lower Appellate Court therefore automatically gets abated and when once the appeal gets abated by virtue of the death of the party, the lower Appellate Court could hot have passed any. order on the said appeal and any order passed in the said appeal will be a nullity.

(2.) THE Hon'ble Supreme Court in Amba Bai and Others v Gopal and Others, has held that:

(3.) THE learned Counsel appearing for the appellant cited before me a judgment passed by the Hon'ble Single Judge of this Court in Special land Acquisition Officer v Sanjeevappa and Others, wherein this Court held that: