Karnataka High Court
Ramchandra vs The Shaktinivas Builders Private ... on 6 September, 2022
Bench: Ravi V.Hosmani
-1-
RSA No. 100460 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI
REGULAR SECOND APPEAL NO. 100460/2016 (DEC)
BETWEEN:
RAMCHANDRA,
S/O HANAMANT KAMU,
(SINCE DECEASED BY LRs)
1(a) RAJANI,
W/O RAMACHANDRA KAMU,
AGE: 64 YEARS, OCC: HOUSE WIFE,
R/O: PLOT NO.13, OUT OF R.S.NO.10/3,
VINAYAK NAGAR, VENGURLA ROAD,
BELAGAVI TALUK, BELAGAVI DISTRICT.
1(b) DEEPA SUHAS KADOLKAR,
AGE: 49 YEARS, OCC: HOUSE WIFE,
R/O: PLOT NO.13, OUT OF R.S.NO.10/3,
VINAYAK NAGAR, VENGURLA ROAD,
BELAGAVI TALUK, BELAGAVI DISTRICT.
1(c) ANURADHA UDAYKUMAR JAGTAP,
AGE: 44 YEARS, OCC: HOUSE WIFE,
R/O: PLOT NO.13, OUT OF R.S.NO.10/3,
VINAYAK NAGAR, VENGURLA ROAD,
BELAGAVI TALUK, BELAGAVI DISTRICT.
1(d) JAYANT RAMACHANDRA KAMU,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: PLOT NO.13, OUT OF R.S.NO.10/3,
VINAYAK NAGAR, VENGURLA ROAD,
BELAGAVI TALUK, BELAGAVI DISTRICT.
2. SHRI. LAXMAN,
S/O HANAMANT KAMU,
AGE: 66 YEARS, OCC: CONTRACTOR,
R/O: TANAJI GALLI, BELAGAVI,
DIST: BELAGAVI - 590 001.
-2-
RSA No. 100460 of 2016
3. SMT. MALATI,
W/O LATE NAGESH KAMU,
AGE: 55 YEARS, OCC: H/W,
R/O: BHAGYA NAGAR III CROSS,
NEAR AMBIKA TILES, BELAGAVI,
DIST: BELAGAVI - 590 001.
4. SHRI. SAGAR,
S/O LATE NAGESH KAMU,
AGE: 35 YEARS, OCC: SERVICE,
R/O: BHAGYA NAGAR III CROSS,
NEAR AMBIKA TILES, BELAGAVI,
DIST: BELAGAVI - 590 001.
5. SMT. VARSHA,
D/O LATE NAGESH KAMU,
AFTER MARRIAGE VARSHA
W/O VIJAY MENASE,
AGE: 33 YEARS, OCC: H/W,
R/O: BHAGYA NAGAR III CROSS,
NEAR AMBIKA TILES, BELAGAVI,
DIST: BELAGAVI - 590 001.
6. SHRI. YOGESH,
D/O LATE NAGESH KAMU,
AGE: 30 YEARS, OCC: SERVICE,
R/O: BHAGYA NAGAR III CROSS,
NEAR AMBIKA TILES, BELAGAVI,
DIST: BELAGAVI-5900 001.
...APPELLANTS
(BY SRI. SHIVARAJ S. BALLOLI &
SRI. RAMESH I ZIRALI, ADVOCATES)
AND:
1. THE SHAKTINIVAS BUILDERS PRIVATE LTD.,
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956 HAVING THE OFFICE AT-394
SHUKARWAR PETH, TILAKWADI,
BELAGAVI - 590 001.
REPRESENTED BY ITS MANAGING DIRECTOR,
SHRI. RAMNATH SANTU ANAGOLKAR,
-3-
RSA No. 100460 of 2016
AGE: 71 YEARS, OCC: BUSINESS,
R/O: SHURKRAWAR PETH, TILAKWADI,
BELAGAVI - 590 001.
2. SHRI. DIGAMBER,
S/O MAHADEV KAMU,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: H.NO.383/1, MARUTI GALLI, BELAGAVI,
DIST: BELAGAVI - 590 001.
3. SHRI. DATTA,
S/O MAHADEV KAMU,
AGE: 44 YEARS, OCC: BUSINESS,
R/O: H.NO.383/1, MARUTI GALLI, BELAGAVI,
DIST: BELAGAVI -590 001.
4. SHRI. MANOHAR,
S/O NARAYAN KAMU,
AGE: 60 YEARS, OCC: BUSINESS,
R/O: H.NO.26 "G" TYAPE HAL COLONY,
POST-HAL, BENGALURU - 560 017.
5. ANANT,
S/O NARAYAN KAMU,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: VI CROSS, BHAGYA NAGAR, ANGOL,
BELAGAVI-590001,
DIST: BELAGAVI.
...RESPONDENTS
(BY MISS REBECCA SOLOMAN, ADVOCATE R1;
SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R2 - R5;
R1 - HELD SUFFICIENT V/O DTD:12.11.2021)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, 1908, AGAINST THE JUDGMENT & DECREE DATED
04.11.2015 PASSED IN R.A.NO.03/2014 ON THE FILE OF THE II
ADDL. SENIOR CIVIL JUDGE & C.J.M., BELAGAVI, PARTLY ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 19.11.2013 AND THE DECREE PASSED IN O.S.NO.151/2008
ON THE FILE OF THE I ADDL. CIVIL JUDGE & JMFC, BELAHAVI,
DECREEING THE SUIT FILED FOR DECLARATION, MANDATORY
INJUNCTION & SPECIFIC PERFORMANCE OF CONTRACT.
-4-
RSA No. 100460 of 2016
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
Learned counsel for appellants has filed a memo for
disposal of appeal stating that in order to put an end to
dispute and in abeyance of judgment and decree,
appellants have deposited decreetal amount before trial
Court along with challan dated 22.07.2022. Copy of which
is produced along with order in suit.
2. In view of same, appeal is dismissed as having
become infructuous and is disposed of.
SD/-
JUDGE
CLK
