Sri. Gunapala N vs Sri. A. Harsha V. Rai
2023 Latest Caselaw 5423 Kant

                                                 -1-
                                                          NC: 2023:KHC:27834
                                                         RSA No. 395 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 8TH DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 395 OF 2018 (POS)

                   BETWEEN:

                   1.    SRI GUNAPALA N.,
                         S/O. LATE A.S.PADMANABHA,
                         AGED ABOUT 48 YEARS
                         SUBRAMANYA GARAGE,
                         MANGALADEVI ROAD,
                         MANGALURU-575 001.
                                                             ...APPELLANT

                                ***(BY SRI SACHIN B.S., ADVOCATE)
                   AND:

                         SRI A. HARSHA V. RAI
                         SINCE DEAD BY HIS LRS

                   1.    SMT. RASIKA H. RAI
Digitally signed
by SHARANYA T            W/O. LATE HARSHA V. RAI,
Location: HIGH           AGED ABOUT 68 YEARS
COURT OF                 BEHIND RAMAMBA
KARNATAKA
                         LAXMINARAYANA CONVENSION HALL,
                         YEMMEKERE, BOLAR POST,
                         MANGALURU-575 001.

                   2.    PARIKSHITH RAI A.,
                         S/O. HARSHA V. RAI,
                         AGED ABOUT 35 YEARS
                         BEHIND RAMAMBA,
                         LAXMINARAYANA CONVENSION HALL,
                         YEMMEKERE, BOLAR POST,
                         MANGALURU-575 001.
                                 -2-
                                                NC: 2023:KHC:27834
                                               RSA No. 395 of 2018




3.   RAMYA
     D/O. HARSHA V. RAI,
     AGED ABOUT 41 YEARS
     BEHIND RAMAMBA
     LAXMINARAYANA CONVENSION HALL,
     YEMMEKERE, BOLAR POST,
     MANGALURU-575 001.

4.   MR. A. SANTHOSH V. RAI
     S/O. LATE B.L.N.RAI
     AGED ABOUT 66 YEARS
     R/AT UMESH BHAVAN,
     MANGALADEVI ROAD,
     MANGALURU-575 001.
                                                     ...RESPONDENTS

(BY SRI PUNDIKAI ISHWARA BHAT, ADVOCATEN FOR C/R1-R4)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 17.11.2017
PASSED IN R.A.NO.1/2015 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM MANGALURU, D.K, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 09.10.2014 PASSED IN O.S.NO.308/2013 ON THE FILE
OF THE V ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU,
D.K.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Learned counsel for the respondents has filed a memo

stating that the appellant has vacated and surrendered vacant

possession of the schedule premises in favour of the

respondents and in view of the same, the appeal has rendered

itself infructuous.

NC: 2023:KHC:27834 RSA No. 395 of 2018

Learned counsel for the appellant also not disputes the

same.

Hence, the appeal is dismissed as having become

infructuous.

Sd/-

JUDGE

ST