Sri S Sathish vs Sri Shankar Shetty
2024 Latest Caselaw 9871 Kant

Karnataka High Court

Sri S Sathish vs Sri Shankar Shetty on 4 April, 2024

                                        -1-
                                                     NC: 2024:KHC:13896
                                                    RSA No. 798 of 2014




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 4TH DAY OF APRIL, 2024

                                      BEFORE
                     THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                 REGULAR SECOND APPEAL NO. 798 OF 2014 (INJ)
              BETWEEN:

              SRI S SATHISH
              S/O SEENAPPA SHETTY
              AGED ABOUT 50 YEARS
              R/O UMBLEBYLU VILLAGE
              NIDIGE HOBLI
              SHIMOGA TALUK-577201
                                                           ...APPELLANT
              (BY SRI HARISH KUMAR M S, ADVOCATE)
              AND:

              SRI SHANKAR SHETTY
              S/O SHESHA SHETTY
              AGED ABOUT 70 YEARS
              R/O UMBLEBYLU VILLAGE
              NIDIGE HOBLI
              SHIMOGA TALUK-577201
                                                         ...RESPONDENT
Digitally
signed by R   (BY SRI H S PRASHANTH, ADVOCATE)
MANJUNATHA
Location:          THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
HIGH COURT    AGAINST THE JUDGMENT AND DECREE DATED :26.09.2013
OF
KARNATAKA     PASSED IN R.A.No.111/2010 ON THE FILE OF THE PRINCIPAL
              SENIOR CIVIL JUDGE AND CJM, SHIMOGA, ALLOWING THE
              APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
              DATED 10.08.2010 PASSED IN O.S.No.349/2009 ON THE FILE
              OF THE 1ST ADDITIONAL CIVIL JUDGE AND JMFC, SHIMOGA.

                  THIS RSA, COMING ON FOR HEARING, THIS DAY, THE
              COURT DELIVERED THE FOLLOWING:
                                 -2-
                                              NC: 2024:KHC:13896
                                             RSA No. 798 of 2014




                             JUDGMENT

1. Learned counsel for the appellant submits that

the plaintiff/appellant filed a suit for bare injunction

against the defendant. During the pendency of this appeal,

the defendant died. In view of the same, cause of action

does not survive. Hence, appeal may be dismissed.

2. Submission of learned counsel for the appellant

is placed on record.

3. In view of the same, nothing survives for

consideration in this appeal. Accordingly, appeal stands

dismissed.

4. However, liberty is reserved in favour of the

appellant, if any cause of action arises against the legal

representatives of the defendant, appellant is at liberty to

agitate his grievance before the appropriate forum.

Sd/-

JUDGE