Yeshwant S/O Mahadev Patil vs The Mandal Panchayat, Nandgad
2024 Latest Caselaw 3715 Kant

Karnataka High Court

Yeshwant S/O Mahadev Patil vs The Mandal Panchayat, Nandgad on 7 February, 2024

                                             -1-
                                                   NC: 2024:KHC-D:2661
                                                      RSA No. 6019 of 2013




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 7TH DAY OF FEBRUARY, 2024

                                       BEFORE

                        THE HON'BLE MR JUSTICE R.NATARAJ

                  REGULAR SECOND APPEAL NO.6019/2013(DEC/INJ)

            BETWEEN:

            1.   SRI YESHWANT
                 S/O. MAHADEV PATIL,
                 AGED ABOUT 65 YEARS,
                 R/AT: VIDYA NAGAR, ANGOL,
                 BELAGAVI - 590 000.

            2.   SRI ARUN
                 S/O. MAHADEV PATIL,
                 AGED ABOUT 55 YEARS,
                 R/AT: NANDGAD,
                 TQ: KHANAPUR,
                 DIST: BELAGAVI - 590 001.
                                                              ...APPELLANTS
            (BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE)

            AND:
Digitally
signed by   1.   THE MANDAL PANCHAYAT, NANDGAD,
VINAYAKA         TQ: KHANAPUR,
BV               DIST: BELAGAVI - 590 001
                 REP., BY ITS SECRETARY.

            2.   SRI VEERABHDRESHWAR GRAM
                 ABHIVRIDHI SANGH LIMITED,
                 NANDGAD, BY CHAIRMAN,
                 SRI. HOLIBASAPPA SANGAPPA ANGADI,
                 AGED ABOUT: 52 YEARS,
                 R/AT: NANDAGAD,
                 TQ: KHANAPUR,
                 DIST: BELAGAVI - 590 001.

                 SRI BASAPPA NAGAPPA SANIKOP,
                 DECEASED BY HIS LRS.,
                                  -2-
                                       NC: 2024:KHC-D:2661
                                             RSA No. 6019 of 2013




3.    SRI BALU
      S/O. BASAPPA SANIKOP,
      AGED ABOUT: 45 YEARS,
      R/AT: MADIWAL,
      POST: HALASHI,
      TQ: KHANAPUR, DIST: BELAGAVI.
      PRESENTLY AT PRABHU NAGAR,
      TQ: KHANAPUR,
      DIST: BELGAUM - 590 000.

4.    SRI SHANKAR
      S/O. RAMACHANDRA DESAI,
      AGED ABOUT 45 YEARS,
      R/AT: NANDAGAD,
      TQ: KHANAPUR,
      DIST: BELAGAVI - 590 001.
                                                     ...RESPONDENTS
(BY SRI GIRISH S. HIREMATH, ADVOCATE FOR R2;
NOTICE TO R1 AND R4 ARE SERVED;
APPEAL AGAINST R3 IS DISMISSED AS ABATED)


       THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST

THE    JUDGMENT   &   DECREE      DATED   01.02.2013   PASSED    IN

R.A.NO.139/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE,

KHANAPUR,     DISMISSING   THE     APPEAL,   FILED   AGAINST    THE

JUDGMENT AND DECREE DATED 12.04.2000 AND THE DECREE

PASSED IN O.S.NO.152/1992 ON THE FILE OF THE ADDL. CIVIL

JUDGE (JR.DN.), KHANAPUR, DISMISSING THE SUIT FILED FOR

DECLARATION AND INJUNCTION.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:
                                -3-
                                     NC: 2024:KHC-D:2661
                                           RSA No. 6019 of 2013




                             ORDER

Learned counsel for the appellants submits that the

appellant No.2 has expired and that his legal heirs have not

approached him to file appropriate application to come on

record. He also submits that appellant No.1 has given specific

instructions not to pursue this appeal.

In view of the aforesaid submission, this appeal stands

disposed off as abated.

SD/-

JUDGE

PMP

CT-ASC