K. Shamaraya Acharya vs Sri.Anantha Padmanabha
2023 Latest Caselaw 780 Kant

                          1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF JANUARY, 2023

                       BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM


      REGULAR SECOND APPEAL NO.726 OF 2014 (DEC)

BETWEEN:

K.SHAMARAYA ACHARYA
S/O GOVINDA ACHARYA
AGED ABOUT 100 YEARS
OCC: GOLDSMITH
PROP: SHARADA POWER ROLLING
SHOP, MARKET ROAD
KUNDAPURA
MANGALORE DISTRICT - 576101

                                        ... APPELLANT

(BY SRI.PRASAD B.S., ADVOCATE)

AND

1.     SRI.ANANTHA PADMANABHA
       DEVARU TEMPLE
       PERDOOR,
       REPRESENTED BY
       ITS BOARD OF TRUSTEES

1(A). THE SPECIAL TAHASILDAR
      ADMINISTRATIVE OFFICER
      BRAHMAVARA - 576101

1(B). THE EXECUTIVE OFFICER
      SRI.T.G.SUDHAKAR
                         2



     S/O GANAPATHI BHAT
     SRI.ANANTHAPADMANABHA TEMPLE
     PERDOOR VILLAGE, POST PERDOOR
     UDUPI TALUK AND DISTRICT - 576101

2.   SMT.SAROJINI ACHARYA
     W/O VASUDEVA ACHARYA
     AGE 64 YEARS

3.   SMT.USHA
     D/O VASUDEVA ACHARYA
     AGE 47 YEARS

4.   SMT.UMA
     D/O VASUDEVA ACHARYA
     AGE 44 YEARS

5.   SRI.PRADEEP
     S/O VASUDEVA ACHARYA
     AGE 44 YEARS

6.   PRASAD
     S/O VASUDEVA ACHARYA
     AGE 31 YEARS

     SL.NOS.2 TO 6 ARE RESIDENTS OF
     C/O BHARATHI JEWELLERS
     NEAR OLD BUS STAND
     KUNDAPURA
     UDUPI DISTRICT - 576101

7.   THE STATE OF KARNATAKA
     REPRESENTED BY THE
     DEPUTY COMMISSIONER
     UDUPI DISTRICT - 576101

                                   .....RESPONDENTS

(BY SRI.S.K.ACHARYA, ADVOCATE FOR R.1(B);
SRI.A.ANAND SHETTY, ADVOCATE FOR R.2 TO R.6;
                            3



R.7 - SERVED
R.1(A) - SERVED)

     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 22.02.2014 PASSED IN R.A.NO.53/2010
ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE,
UDUPI, PARTLY DISMISSING AND PARTLY ALLOWING THE
APPEAL AND PARTLY CONFIRMING THE JUDGMENT AND
DECREE DATED 21.12.2009 PASSED IN O.S.NO.8/1988 ON
THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR. DN) &
JMFC, UDUPI AND ETC.

     THIS REGULAR SECOND APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                      JUDGMENT

It is brought to the notice of this Court that the

sole appellant has died on 24.01.2022.

Therefore, this appeal is dismissed as abated.

Sd/-

JUDGE

NBM