Smt K S Sudha vs Sri L Shankaregowda
2023 Latest Caselaw 5984 Kant

                                              -1-
                                                         NC: 2023:KHC:30542
                                                       RSA No. 1351 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 28TH DAY OF AUGUST, 2023
                                           BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                        REGULAR SECOND APPEAL NO. 1351 OF 2019 (INJ)

                   BETWEEN:

                   1.    SMT. K.S. SUDHA
                         W/O K.S. SHANKAREGOWDA
                         AGED ABOUT 45 YEARS
                         R/A KERAGODU VILLAGE
                         KERAGODU HOBLI
                         MANDYA TALUK
                         MANDYA DISTRICT-571446.
                                                            ...APPELLANT

                               (BY SRI RAKSHITHA D.J., ADVOCATE)
                   AND:

                   1.     SRI L. SHANKAREGOWDA
                          S/O LATE LINGEGOWDA
                          AGED ABOUT 67 YEARS
                          R/A KERAGODU VILLAGE
                          KERAGODU HOBLI
Digitally signed
by SHARANYA T             MANDYA TALUK
Location: HIGH            MANDYA DISTRICT-571446.
COURT OF
KARNATAKA
                   1(a) SMT. SOUBHAGYAMMA
                        W/O LATE SHANKAREGOWDA
                        AGED ABOUT 65 YEARS
                        R/AT NO.2ND BLOCK
                        BALLARAMMA TEMPLE
                        KERAGODU HOBLI
                        MANDYA DISTRICT-571 446.

                   1(b) SMT. LAKSHAMMA
                        W/O LATE SHANKAREGOWDA
                        AGED ABOUT 50 YEARS
                        R/AT NO.2ND BLOCK
                           -2-
                                     NC: 2023:KHC:30542
                                   RSA No. 1351 of 2019




     BALLARAMMA TEMPLE
     KERAGODU HOBLI
     MANDYA DISTRICT-571 446.

1(c) SMT.SOUMYA K.S.,
     D/O LATE L. SHANKAREGOWDA
     AGED ABOUT 40 YEARS
     R/AT NO.2ND BLOCK
     BALLARAMMA TEMPLE
     KERAGODU HOBLI
     MANDYA DISTRICT-571 446.

1(d) SMT.NAVYA K.S.,
     W/O BOREGOWDA
     D/O SHANKAREGOWDA
     AGED ABOUT 26 YEARS
     KALMANTIDODDI
     GANGODIMANETHANA
     KERAGODU HOBLI
     MANDYA DISTRICT-571 446.

1(e) HARSHITHA K.S.,
     D/O LATE L. SHANKAREGOWDA
     AGED ABOUT 25 YEARS
     R/AT NO.2ND BLOCK
     BALLARAMMA TEMPLE
     KERAGODU HOBLI
     MANDYA DISTRICT-571 446.

                                        ...RESPONDENTS

    (BY SRI K.V.NARSHIMAN, ADVOCATE FOR R1[a to e])

     THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 11.04.2019 PASSED IN R.A.
NO.42/2017 ON THE FILE OF THE I ADDL. SENIOR CIVIL
JUDGE AND CJM, MANDYA DISMISSING THE APPEAL AND
UPHOLDING THE JUDGMENT AND DECREE DATED 10.04.2017
PASSED IN O.S.NO.542/2009 ON THE FILE OF THE ADDL.CIVIL
JUDGE AND JMFC, MANDYA.
     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                   -3-
                                                 NC: 2023:KHC:30542
                                               RSA No. 1351 of 2019




                            JUDGMENT

In this appeal notice is ordered against respondent

Nos.1(a) to 1(e), who are the legal heirs of the deceased

respondent and suit is also filed for the relief of bare injunction

and counsel for the respondent also submits that right to sue

does not survive when the suit is filed for the relief of bare

injunction and the same is not disputed by the appellant's

counsel.

2. Having perused the material on record there is a

concurrent finding and suit is also filed for the relief of bare

injunction and the same was dismissed by the Trial Court and

the First Appellate Court. When such being the case, when the

suit is filed for the relief of bare injunction and both the Courts

have also given concurrent finding that plaintiff has not proved

the case and the right to sue does not survive for

consideration, this R.S.A. also dismissed as right to sue does

not survive for consideration.

Sd/-

JUDGE

AP