Karnataka High Court
Shri Ramesh Shetty vs Smt Kalyani C Shedhti Dead on 20 February, 2023
Bench: Sachin Shankar Magadum
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RSA No. 1569 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO. 1569 OF 2011 (PAR)
BETWEEN:
SHRI RAMESH SHETTY
S/O.LATE THOUDA SHETTY
AGED ABOUT 59 YEARS
R/AT POLIPU GUDDE, ULIYARGOLI KAUP
UDUPI TALUK
...APPELLANT
(BY SRI. A N GANGADHARAIAH, ADVOCATE)
AND:
1. SMT KALYANI C SHEDHTI
Digitally DEAD
signed by
CHAITHRA A
Location:
HIGH 1A. SATHISH SHETTY
COURT OF AGED ABOUT 63 YEARS
KARNATAKA
1B. PREMA L SHETTY
AGED ABOUT 59 YEARS
1C. PRAKASH SHETTY
AGED ABOUT 49 YEARS
1D. GUNAPAL C SHETTY
AGED ABOUT 47 YEARS
1E. SUMANA R SHETTY
AGED ABOUT 44 YEARS
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RSA No. 1569 of 2011
1(A) TO 1(E) ARE THE CHILDREN OF LATE KALYANI
CHENNAPPA SHETTY
ALL ARE R/AT KLLARMAGI DURGA PRASAD,
ULIYARGOLI, KAPU POST, UDUPI TALUK-576101.
2. SHIVARAMA SHETTY
DEAD
AGED ABOUT 57 YEARS
S/O.LATE SEETHA SHEDTHI
R/AT POLIPU GUDDE, ULIYARGOLI,
KAPU POST, UDUPI TALUK-576101
2A. SHANKUTHALA SHETTY
AGED ABOUT 46 YEARS
2B. RITESH
AGED ABOUT 29 YEARS
2C. RAKESH
AGED ABOUT 27 YEARS
2D. RAKSHITHA
AGED ABOUT 24 YEARS
NO.2(A)IS THE WIFE & 2(B) TO 2(D) ARE CHILDREN
OF LATE SHIVARAMA SHETTY
ALL ARE R/AT DEVI PRASAD, POLIPU GUDDE,
ULIYARGOLI, KAUP POST, UDUPI TALUK-576101.
3. SUSHEELA SHEDTHI
DEAD
3A. BABY SHEDTHI
AGED ABOUT 54 YEARS,
3B. UDAYA SHETTY
MAJOR
BOTH ARE CHILDREN OF LATE SHUSHEELA
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RSA No. 1569 of 2011
SHEDHTHI AND BOTH R/AT.VIDHYA GRAMA
KUNDADI MANE, SURATHKAL POST,
MANGALORE TALUK-575001
4. PUSHPA
AGED ABOUT 74 YEARS
D/O.THOUDA SHETTY, KALLAMAGI HOUSE,
ULEPADY VILLAGE, MUNDKOOR POST,
MANGALORE TALUK-575001
5. SARASWATHI
AGED ABOUT 69 YEARS,
D/O THOUDA SHETTY, R/AT KALLAMARGI HOUSE,
ULEPADY VILLAGE, MUNDKOOR POST,
MANGALORE TALUK-575001
6. SUNEETHA S
AGED ABOUT 42 YEARS
D/O.LATE SUNDARI SHEDTHI, VENKATARAMANA
GENERAL STORE, KARKALA TALUK-574104.
7. GULABI
AGED ABOUT 62 YEARS
D/O.THOUDA SHETTY, KALLAMAGI HOUSE,
ULEPADY VILLAGE, MUNDKOOR POST,
MANGALORE TALUK-575001
...RESPONDENTS
(BY SRI. S K ACHARYA, ADVOCATE FOR R1(A & E);
R1(C), R2(A), R3(A & B), R4 TO 7 ARE SERVED;
V/O DTD 9-4-19 SERVICE OF NOTICE TO R2(B) AND (D) IS
H/S)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 12.1.2011 PASSED IN
R.A.NO.18/2007 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, UDUPI, DISMISSING THE APPEAL AND
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RSA No. 1569 of 2011
CONFIRMING THE JUDGMENT AND DECREE DATED 21.4.2007
PASSED IN O.S.NO.39/1995 ON THE FILE OF THE PRL. CIVIL
JUDGE (SR.DN) UDUPI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant submits that
sole appellant has died about four years back. Inspite of
his repeated efforts he is unable to contact the legal heirs
and there is no instructions in the matter. The submission
is taken on record.
2. If the sole appellant has died four years back,
the appeal stands abated.
3. Accordingly, the appeal is dismissed as abated.
Sd/-
JUDGE
ALB
