Karnataka High Court
Sudeep S Nayak vs G Prabhakara Nayak on 8 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:5469
MFA No. 887 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 887 OF 2017 (ISA)
BETWEEN:
1. SUDEEP S NAYAK
S/O SUDARSHAN NAYAK,
AGED ABOUT 38 YEARS
R/O "LAXMI VENKATESH NILAYA"
SHANTHIVANA LAYOUT,
OPP:NURSING COLLEGE,
SANTHEKATE
MALPE MAIN ROAD,
UDUPI-576201.
...APPELLANT
(BY SRI. CHANDRASHEKAR G M.,ADVOCATE)
AND:
Digitally signed 1. G PRABHAKARA NAYAK
by SHARANYA T AGED ABOUT 64 YEARS
Location: HIGH S/O LATE G RAMAKRISHNA SHEREGAR,
COURT OF
KARNATAKA R/AT LIC ROAD,
KUNDAPURA TALUK
UDUPI-576201
2. SMT LEELAVATHI
AGED ABOUT 71 YEARS
D/O LATE G.RAMAKRISHNA SHEREGAR,
W/O P.NARAYAN SHEREGAR,
R/AT SRI BALAJ OPP: SHILPI COMPLEX
MAIN ROAD, KOTESHWARA,
KUNDAPURA TALUK
UDUPI-576201
-2-
NC: 2024:KHC:5469
MFA No. 887 of 2017
3. SMT VINODINI
AGED ABOUT 67 YEARS
D/O LATE G RAMAKRISHNA SHEREGAR,
W/A:D MANJUNATH,
R/O DUBARIMANE,MAYYADI
BYNDOOR,
KUNDAPURA TALUK
UDUPI-576201
4. SMT SARASWATHI
AGED ABOUT 62 YEARS
D/O LATE G RAMAKRISHNA SHEREGAR
W/O NARAYAN S NAIK,
R/O AGRAHARA,HALADIPURA,
HONNAVARA TALUK,
N.K DISTRICT-581334
5. SMT B PREMALATHA
AGED ABOUT 59 YEARS
D/O LATE G RAMAKRISHNA SHEREGAR
W/O LATE B GANAPATHI,
R/O NEAR PCI GODOWN,
AIKOLA,
SHIMOGA TALUK-577201
6. SMT AMBABAI
AGED ABOUT 56 YEARS
D/O LATE G RAMAKRISHNA SHEREGAR
W/O S GANESH,
R/O SAMRUDDI,
BASAVESHWARA BEEDHI
JAYANAGAR,
CHICKMAGALORE TALUK-577101.
7. SMT MUKTHABAI
AGED ABOUT 52 YEARS
D/O LATE G RAMAKRISHNA SHEREGAR
W/O G MADHUSOODAN,
R/O NEAR PANCHALINGESHWARA TEMPLE,
PADUVARI,BYNDOOR,
KUNDAPURA TALUK
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NC: 2024:KHC:5469
MFA No. 887 of 2017
UDUPI-576201.
8. SUDARSHAN NAYAK
AGED ABOUT 69 YEARS
S/O LATE G RAMAKRISHNA SHEREGAR
R/O "LAXMI VENKATESH NILAYA",
SHANTHI VANA LAYOUT,
OPP:NURSING COLLEGE,
SANTHEKATTE,
MALPE MAIN ROAD,
UDUPI-576201.
...RESPONDENTS
(RESPONDENT Nos.2,5,7 AND 8 ARE SERVED)
THIS MFA IS FILED U/S 299 OF INDIAN SUCCESSION
ACT, AGAINST THE ORDER DT.28.10.2016 PASSED IN P &
SC.NO.1/2012 ON THE FILE OF THE PRINCIPAL DISTRICT
JUDGE, UDUPI DISTRICT, UDUPI, DISMISSING THE PETITION
AS NOT MAINTINABLE FILED U/S 270 OF INDIAN SUCCESSION
ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant again seeks
time to pay the P.F. This Court vide order dated
25.01.2024 made it clear that if steps are not taken within
stipulated time, the appeal will be dismissed on the next
date of hearing. Apart from that this Court in the earlier
order taken note of the fact that the appeal was filed in
the year 2017 and earlier also this Court granted two
NC: 2024:KHC:5469
weeks time to do the needful on 12.10.2022, even after
almost 1 ½ year, the counsel has not been taken steps till
today and no point in adjourning the matter again. Hence,
the appeal is dismissed for non-taking of steps.
Sd/-
JUDGE
RHS
