LAKKAMMA Vs. RAYAKKA

JUDGEMENT

(1.) The appellant/applicant has assailed the order dtd. 16/11/2011 passed on IA No.II by the Fast Track Court-V at Madhugiri, rejecting the application so filed by the applicant and ordered that the appeal stood abated.

(2.) It is the case of the appellant before the Appellate Court in Regular Appeal No.166/2008 on the file of Fast Track Court-V, Madhugiri that, she being the applicant filed an application under Order 22 Rule 3 of CPC , to come on record as the legal representative of the appellant by name Lakshmidevamma, who died during the pendency of the appeal.

(3.) It is stated in the application that, the appellant Lakshmidevamma died on 18/9/2008, leaving behind the applicant as sole legal heir. It is stated that, the appellant during her lifetime executed a Will dtd. 30/8/2001 and 27/10/2005 bequeathing her properties. It was the last Will of the appellant. It was applicant, who performed last rites of the deceased Lakshmidevamma. She had filed an application under Order 22 Rule 3 of CPC , to come on record as legal representative of the appellant.