Sahadev N Kadam vs Ambaji H Shinde By Lrs
2024 Latest Caselaw 10027 Kant

Karnataka High Court

Sahadev N Kadam vs Ambaji H Shinde By Lrs on 5 April, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                         NC: 2024:KHC-D:6203
                                                            RSA No. 5476 of 2009




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 5TH DAY OF APRIL, 2024

                                                BEFORE

                         THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                         REGULAR SECOND APPEAL NO. 5476 OF 2009 (DEC/INJ)

                   BETWEEN:

                   SAHADEV N.KADAM,
                   AGE:71 YEARS,
                   OCC: PRIVATE SERVICE,
                   R/A 91, ADHYAPAK NAGAR,
                   HUBBALLI - 580 030.

                                                                     ...APPELLANT

                   (BY SRI. G.R.ANDANIMATH,
                       SRI.D.L.LADKHAN &
                       SRI.S.S.NIRANJAN, ADVOCATES)

                   AND:

                   1.     AMBAJI H SHINDE
                          SINCE DECEASED BY HIS LRS

Digitally signed   1A.    AMBIKA AMBAJIRAO SHINDE,
by SUJATA                 AGE:72 YEARS, OCC: HOUSEHOLD WORK,
SUBHASH
PAMMAR                    R/A: EWS 462, NAVANAGAR,
Location: HIGH            HUBBALLI - 580 028.
COURT OF
KARNATAKA          1B.    HANUMANTH AMBAJI SHINDE,
                          AGE: 52 YEARS, OCC: KARNATAK RADIO
                          AND TECHNICAL INSTITUTE,
                          III FLOOR, AGRAWAL BUILDING,
                          MARATHE GALLI,
                          HUBBALLI - 580 029.

                   1C.    RENUKA A KATKAR,
                          W/O. A.G.KATKAR,
                          AGE: 48 YEARS,
                          OCC: NOT KNOWN,
                          R/A: PLOT NO.1, SBI COLONY,
                                 -2-
                                       NC: 2024:KHC-D:6203
                                          RSA No. 5476 of 2009




      VIVEKANAND COLONY,
      KESHWAPUR, HUBBALLI - 580 031.

1D. GEETA AMBAJI SHINDE,
    AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
    R/A: EWS 462, NAVANAGAR,
    HUBBALLI - 580 028.

1E.   SHARADA L.JERE W/O. LAXMAN J JEERE,
      OCC: NOT KNOWN,
      R/A. G.KATKAR, PLOT NO.1,
      SBI COLONY, (VIVEKANAND COLONY),
      KESHWAPUR, HUBBALLI - 580 031.

1F.   VEERENDRA AMBAJI SHINDHE,
      OCC: NOT KNOW,
      R/A EWS 462, NAVA NAGAR,
      HUBBALLI-580 028.
                                                 ...RESPONDENTS

(BY SRI. HANUMANTHAREDDY SAHUKAR &
    SRI. S.M.LAXMESHWAR, ADVOCATES FOR C/R1A-R1F.)

      THIS REGULAR SECOND APPEAL IS FILED UNDER SETION 100
OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET-ASIDE
THE JUDGMENT AND DECREE DATED 30.06.2009 PASSED IN
R.A.NO.116/2007 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE
(SR.DN) AT HUBBALLI, ALLOWING THE APPEAL, FILED AGAINST THE
JUDGMENT      AND     DECREE   DATED    01.08.2007   PASSED    IN
O.S.NO.215/2002 ON THE FILE OF THE I ADDL. CIVIL JUDGE
(JR.DN.),   HUBBALLI,     DISMISSING    THE   SUIT   FILED    FOR
DECLARATION,        SPECIFIC   PERFORMANCE    AND    PERMANENT
INJUNCTION.


      THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
                             -3-
                                  NC: 2024:KHC-D:6203
                                      RSA No. 5476 of 2009




                        JUDGMENT

Learned counsel for the respondent has filed a memo

stating that the sole appellant died on 16.05.2022, but till

this day the learned counsel for the appellant has not

taken steps to bring the legal representatives of deceased

appellant on record. Therefore, the appeal is dismissed as

abated.

Sd/-

JUDGE

SRA CT:ANB