Karnataka High Court
Mr. Thomara Pergu Shetty vs Mrs. Gulabi Honnaya Shetty on 14 September, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:33635
RSA No. 1457 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1457 OF 2023
BETWEEN:
MR. THOMARA PERGU SHETTY
SINCE DEAD REPRESENTED
BY HIS LEGAL HEIRS
1. MRS. PRABHAVATI RAM SHETTY
D/O. LATE THOMARA P.SHETTY
AGED ABOUT 59 YEARS,
RESIDING AT NEW KRISHNA,
CHS LTD, D-1104,
SECTOR-14, PLOT NO. 17,
KOPARKHAIRNE,
NAVI MUMBAI-400709.
2. MR. UDAYA THOMARA SHETTY
Digitally signed
by SHARANYA T S/O LATE THOMARA P. SHETTY
Location: HIGH AGED ABOUT 52 YEARS,
COURT OF RESIDING AT CHHADEVA AVENUE,
KARNATAKA
FLAT NO. 704, PLOT NO. 61,
SECTOR 2A, KOPARKHAIRNE,
NAVI MUMBAI - 400709.
3. MS. PRADEEPA THOMARA SHETTY
D/O LATE THOMARA P. SHETTY
AGED ABOUT 5 YEARS,
PERSON OF UNSOUNDMIND
REPRSENTED BY HER
AD-LITEM GUARDIAN
(i.e., APPELLANT NO.4)
RESIDING AT KHUSHALI,
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RSA No. 1457 of 2023
SECTOR 16, PLOT NO. 19,
FLAT NO. 402, KOPARKHAIRNE,
NAVI MUMBAI - 400709.
4. DR. SANDHYA KSHITISH SHETTY
D/O LATE THOMARA P. SHETTY
AGED ABOUT 49 YEARS,
RESIDING AT KHUSHALI,
SECTOR 16, PLOT NO.19,
FLAT NO. 402, KOPARKHAIRNE,
NAVI MUMBAI - 400709.
ALL ARE CHILDEREN OF LATE THOMARA P. SHETTY,
APPELLANT No.4 PERSONALLY, APPELLANT NOS.1 TO
3 ARE REPRESENTED BY POA HOLDER
I.E., APPELLANT NO.4.
...APPELLANTS
(BY SRI ADHISH KULKARNI, ADVOCATE FOR
SRI BEENA P.K., ADVOCATE)
AND:
MRS. GULABI HONNAYA SHETTY
SINCE DEAD REPRESENTED
BY HER LEGAL HEIRS
1. MRS. CHANDRIKA SHETTY
W/O. SATHISH SHETTY
AGED ABOUT 62 YEARS,
RESIDING AT 2-3-45B,
SHRI ILAYA, KALKUDA ROAD,
BANNERJE, UDUPI -576 103.
2. MR. ASHOK SHETTY
S/O HONNAYYA SHETTY
AGED ABOUT 69 YEARS,
RESIDING AT A6 502,
FLORIDA ESTATE,
KESHAVNAGAR,
MUDHWA,
PUNE - 411036.
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RSA No. 1457 of 2023
3. MRS. SARIKA SHETTY
(DECEASED)
W/O LATE SADANANDA SHETTY
4 MR. ABHISHEK SHETTY
S/O LATE SADANANDA SHETTY
AGED ABOUT 30 YEARS,
RESIDING AT 403,
PRANAAM SAI RESIDENCY,
BHANGIYA, NEAR SHALIMAR SVAYAM,
MR10 SQUARE, INDORE
MADHYA PRADESH - 452011.
5. MRS. LEELA SUNDAR SHETTY
W/O MR. SUNDARA SHETTY
AGED ABOUT 63 YEARS,
RESIDING AT THOTA HOUSE,
NEAR JANARDANA TEMPLE,
KAUP, UDUPI - 574106.
6. MRS. SUDHA SHETTY
D/O. LATE SUNANDA SUNDARA SHETTY
AGED ABOUT 41 YEARS,
RESIDING AT HOUSE NO. 1364,
1ST MAIN, 4TH CROSS,
SADASHIV NAGAR,
BELAGAVI -590001.
...RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC, PRAYING TO
SET ASIDE THE JUDGMENT DATED 15.02.2023 PASSED BY THE
PRINCIPAL DISTRICT JUDGE, UDUPI IN M.A.NO.4/2020
[ANNESURE-A HEREIN] AND TO RESTORE THE O.S.NO.48/1994
FILED BEFORE THE HO'BLE PRL. SENIOR CIVIL JUDGE AND
CJM, UDUPI AND GRANT NECESSARY DIRECTIONS FOR THE
EXPEDITIOUS ADJUDICATION OF THE SUIT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RSA No. 1457 of 2023
JUDGMENT
The counsel for appellant Sri.Adhish Kulkarni
submits that he may be permitted to withdraw this appeal
with liberty to file appropriate petition. In view of the said
submission, the counsel for appellant is permitted to
withdraw the appeal with liberty as sought. Accordingly,
the appeal is dismissed as withdrawn.
Sd/-
JUDGE
RHS
