Smt. Shantha Kumari vs Sri. Namiraja Jain
2023 Latest Caselaw 7777 Kant

                                        -1-
                                                 NC: 2023:KHC:41268
                                               RSA No. 1444 of 2018




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 17TH DAY OF NOVEMBER, 2023

                                    BEFORE
            THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                 REGULAR SECOND APPEAL NO. 1444 OF 2018 (PAR)
            BETWEEN:

            1.    SMT. SHANTHA KUMARI
                  AGED ABOUT 65 YEARS

            2.    SRI KRISHNARAJA HEGDE
                  AGED ABOUT 62 YEARS

            3.    SRI PADMARAJA HEGDE
                  AGED ABOUT 55 YEARS

            4.    SRI ROHIT KUMAR HEGDE
                  AGED ABOUT 49 YEARS

            5.    SRI PARSHWANATHA
Digitally         AGED ABOUT 42 YEARS
signed by
ALBHAGYA
Location:   6.    SRI PRASAD
HIGH              AGED ABOUT 40 YEARS
COURT OF
KARNATAKA         ALL ARE CHILDREN OF LATE KUMARAYYA HEGDE,
                  ARE R/AT NADVAVE HOUSE,
                  POST IDU VILLAGE-574109
                  HOSAMAR, KARKALA TALUK,
                  UDUPI DISTRICT.
                                                       ...APPELLANTS
            (BY SRI. CHANDRANATH ARIGA K, ADVOCATE)
                              -2-
                                         NC: 2023:KHC:41268
                                       RSA No. 1444 of 2018




AND:

    SRI. NAMIRAJA JAIN
    AGED ABOUT 70 YEARS,
    S/O LATE KUMARAYYA HEGDE,
    R/AT AMARA NIVAS,
    HOSAMABETTU HOUSE,
    POST IDU VILLAGE-574109.
    VIA HOSAMAR,
    KARKALA TALUK-574107,
    UDUPI DISTRICT.
                                              ...RESPONDENT
(BY SRI.VIJAYA KRISHNA BHAT.M, ADVOCATE)

       THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST

THE JUDGMENT AND DECREE DTD 03.04.2018 PASSED IN

RA.NO.21/2011, ON THE FILE OF THE PRINCIPAL DISTRICT

JUDGE, UDUPI, DISMISSING THE APPEAL AND CONFIRMING

THE JUDGMENT AND DECREE DATED: 01.03.2011 PASSED IN

OS.NO.274/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE

AND ACJM., KARKALA.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

A memo is filed reporting death of sole respondent on

1.2.2023. Memo is taken on record.

NC: 2023:KHC:41268 RSA No. 1444 of 2018

2. Necessary applications are not filed within the

stipulated period.

3. Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

ALB