Leelavati Murugendra Terdalkar vs Vishwanath Murugendra Terdalkar
2024 Latest Caselaw 19325 Kant

Karnataka High Court

Leelavati Murugendra Terdalkar vs Vishwanath Murugendra Terdalkar on 1 August, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                               -1-
                                                         NC: 2024:KHC-D:10887
                                                         RSA No. 5596 of 2013




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                             DATED THIS THE 1ST DAY OF AUGUST, 2024
                                             BEFORE
                        THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                          REGULAR SECOND APPEAL NO. 5596 OF 2013 (PAR)
                   BETWEEN:

                   SMT. LEELAVATI MURUGENDRA TERDALKAR
                   AGE: 65 YEARS, OCC: NIL,
                   R/O. CTS NO. 1806/17, KELKARBAG,
                   BELGAUM-590001.
                                                                  ...APPELLANT
                   (BY SRI SHREEVATSA SURESH HEGDE, ADVOCATE)
                   AND:

                   1.   SHRI VISHWANATH MURUGENDRA TERDALKAR
                        AGE: MAJOR, OCC: STUDENT
                        R/O. KELKAR BAUG, BELGAUM-590001.

                   2.   VENKAJKI RAMACHANDRA KULKARNI
                        @ SATTIKAR, AGE: MAJOR, OCC: BUSINESS
                        R/O. CTS NO. 1806/12,
                        KELKARBAG, BELGAUM-590001.
                                                               ...RESPONDENTS
Digitally signed   (BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE FOR R1;
by YASHAVANT       VIDE ORDER DATED 18.11.2015,
NARAYANKAR
                   APPEAL STANDS DISMISSED AS AGAINST R2)
Location: HIGH
COURT OF
KARNATAKA                THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
DHARWAD
BENCH              100 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE
DHARWAD            JUDGMENT AND DECREE DATED 27.10.2010 PASSED IN
                   O.S.NO.361/2006 BY THE III ADDITIONAL SENIOR CIVIL JUDGE,
                   BELGAUM AND FURTHER JUDGMENT AND DECREE DATED
                   22.02.2013 IN R.A.NO.141/2011 PASSED BY THE II ADDITIONAL
                   DISTRICT AND SESSIONS JUDGE (IV ADDITIONAL DISTRICT AND
                   SESSION JUDGE HOLDING THE CHARGE OF II ADDITIONAL
                   DISTRICT AND SESSIONS JUDGE) AND DECREE HER SUIT.

                        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                               -2-
                                         NC: 2024:KHC-D:10887
                                         RSA No. 5596 of 2013




                         ORAL ORDER

Learned counsel for the appellant Sri Shreevatsa Suresh

Hegde filed a memo stating that in view of demise of the sole

appellant, the appeal has become abated and no steps have

been taken to bring the legal heirs of sole appellant on record.

Therefore, the appeal stands abated.

Sd/-

(HANCHATE SANJEEVKUMAR) JUDGE

SSP CT:GSM