Sri Sri Sri Adishakthi vs Sri P Shankar
2023 Latest Caselaw 6508 Kant

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                                                  NC: 2023:KHC:33262
                                                RFA No. 1638 of 2007




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 13TH DAY OF SEPTEMBER, 2023

                                    BEFORE

                   THE HON'BLE MR JUSTICE V SRISHANANDA

             REGULAR FIRST APPEAL NO. 1638 OF 2007(DEC/INJ)

            BETWEEN:
            SRI SRI SRI ADISHAKTHI
            DEVASTHANADA ABHIVRUDHI SAMITHI (R)
            NO.27, NEW PENSION LANE,
            J.J.NAGAR MAIN ROAD,
            BANGALORE - 560 018.
            REPRESENTED BY ITS PRESIDENT
            AND SECETARY, K. DWARAKANATH
            M.C.SHOOLPANI.
                                                        ...APPELLANT
            (BY SRI. S. KALYAN BASAVARAJ., ADVOCATE)
            AND:
            SRI. P. SHANKAR,
            S/O LATE P CHANDRAMOULI,
Digitally   EX-ARCHAK,
signed by   SRI SRI SRI ADISHAKTHI
MALATESH
KC          DEVASTHANADA ABHIVRUDHI
Location:   SAMITHI (REGD),
HIGH
COURT OF    NO.27, NEW PENSION LANE,
KARNATAKA
            J J NAGAR MAIN ROAD,
            BANGALORE - 560 018.
                                                       ...RESPONDENT
            (RESPONDENT - ABATED VIDE ORDER DATED 13.09.2023)
                THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
            JUDGMENT AND DECREE DATED 30.03.2007 PASSED IN
            OS.NO.3823/1999 ON THE FILE OF THE VIII ADDL. CITY CIVIL
            JUDGE, BANGALORE CITY, CCH-15, DECREEING THE SUIT FOR
            DECLARATION AND MANDATORY INJUNCTION.
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                                                  NC: 2023:KHC:33262
                                                RFA No. 1638 of 2007




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

                            JUDGMENT

Heard Sri.S.Kalyan Basavaraj, learned counsel for

the appellant. Respondent, who was a private Archak of

the appellant/Temple Samithi had the benefit of decree of

reinstatement as Archak with consequential benefits.

2. It is submitted that the respondent died about 5

years ago. No steps are taken to bring the legal

representatives of deceased respondent on record. The decree

also directed the appellant/Temple Samithi to pay the

consequential benefits while reinstating the respondent.

3. Since the appellant/Temple Samithi is unable to get

the particulars of legal representatives of deceased sole

respondent on record, the appeal stands dismissed as abated.

Sd/-

JUDGE

DR