SHANTHAMMA Vs. NAGAMMA

JUDGEMENT

(1.) Heard Sri.Mithun Gerahalli and Sri. Mahesh R Uppin for the contesting respondent Nos.1 and 2.

(2.) Appellant No.5 before this Court by name Maruthi is said to have died during the pendency of the appeal before the First Appellant court. The death of the 5thappellant was not brought to the notice of the First Appellant Court and Judgment and decree came to be passed by the First Appellate Court which is the subject matter and the challenge in this second appeal.

(3.) It is settled principles of Law and requires no emphasis that decree passed against the dead person is a nullity. Therefore, the judgment of the First Appellate Court needs to be set aside solely on the said ground and the matter needs to be remitted to the First Appellate Court for fresh disposal in accordance with law, after permitting the appellants to bring the LRs of the deceased 5threspondent Maruthi before the First Appellate Court in accordance with law.