Papatai W/O Kallayya Swami vs Vilas Mahadevchand Mehta
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Karnataka High Court

Papatai W/O Kallayya Swami vs Vilas Mahadevchand Mehta on 12 February, 2024

                                          -1-
                                                  NC: 2024:KHC-D:3060
                                                     RSA No. 5959 of 2010




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                       BEFORE

                         THE HON'BLE MR JUSTICE R.NATARAJ

                    REGULAR SECOND APPEAL NO.5959/2010(SP)

            BETWEEN:

            1.   PAPATAI WIFE OF KALLAYYA SWAMI,
                 AGE ABOUT 49 YEARS,
                 OCCUPATION : HOUSEHOLD WORK,
                 RESIDING AT: SHIDDAGIRIMATH,
                 TALUKA: KAGAL, DIST: KOLHAPUR - 591 201.

            2.   SHAVU WIFE OF PRAKASH SWAMI,
                 AGE ABOUT 46 YEARS,
                 OCCUPATION: HOUSEHOLD WORK,
                 RESIDING AT PADALIHAL,
                 TALUK: CHIKODI - 591 201.

            3.   CHAMPABAI WIFE OF SADASHIVA SWAMI,
                 DIED ON 09.08.2008 LRS ALREADY ON RECORD.

            4.   RAOSAHEB SADASHIVA SWAMI,
                 AGE ABOUT 44 YEARS,
                 OCCUPATION: AGRICULTURE,
Digitally        RESIDING AT PADALIHAL,
signed by        TALUK: CHIKODI - 591 201.
ROHAN
HADIMANI
T           5.   NIRMALA WIFE OF APPAYYA SWAMI,
                 AGE ABOUT 38 YEARS,
                 OCCUPATION: HOUSEHOLD WORK,
                 RESIDING AT PADALIHAL,
                 TALUKA: CHIKODI - 591 201.

            6.   MINAKSHI WIFE OF RAJARAM SWAMI,
                 AGE ABOUT 35 YEARS,
                 OCCUPATION: HOUSEHOLD WORK,
                 RESIDING AT PADALIHAL,
                 TALUKA: CHIKODI - 591 201.
                                                            -   APPELLANTS
            (BY SRI G. R. ANDANIMATH, ADVOCATE)
                                  -2-
                                       NC: 2024:KHC-D:3060
                                          RSA No. 5959 of 2010




AND:

1.   VILAS MAHADEVCHAND MEHTA,
     AGE ABOUT 72 YEARS,
     OCCUPATION: BUSINESS,
     RESIDING AT NIPANI - 591 237,
     TALUK: CHIKODI - 591 201.

2.   SHINGAWWA
     WIFE OF MAHADEV SWAMI,
     AGE ABOUT 57 YEARS,
     OCCUPATION: AGRICULTURE,
     RESIDING AT PADALIHAL,
     TALUKA: CHIKODI - 591 201.

3.   SHOBHA
     WIFE OF BALAYYA SWAMI,
     AGE ABOUT 55 YEARS,
     OCCUPATION: HOUSEHOLD WORK,
     RESIDING AT HUNNARGI,
     TALUKA CHIKODI - 591 201.

4.   ARUNA
     WIFE OF RAMA SWAMI,
     AGE ABOUT 53 YEARS,
     OCCUPATION: HOUSEHOLD WORK,
     RESIDING AT HUNNARGI,
     TALUKA - CHIKODI - 591 201.
                                             -    RESPONDENTS
(NOTICE TO R1 TO R4 IS SERVED)

       THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100
CPC., AGAINST THE JUDGMENT & DECREE DATED 26.08.2010 PASSED
IN R.A.NO.68/2005 ON THE FILE OF THE FAST TRACK COURT-I,
CHIKODI, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT
DATED 17-02-2004 AND THE DECREE PASSED IN O.S.NO.1013/1994 ON
THE FILE OF THE CIVIL JUDGE(JR.DN.) NIPANI, DECREEING THE SUIT
FILED FOR SPECIFIC PERFORMANCE OF THE CONTRACT & ETC.


       THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
                                  -3-
                                       NC: 2024:KHC-D:3060
                                           RSA No. 5959 of 2010




                              ORDER

This court in terms of the order dated 20.07.2023 had

granted time to take steps in respect of deceased respondent

no.1.

The respondent no.1 was the plaintiff before the trial

court. Since no steps are taken till date, the appeal stands

disposed off as having abated.

In view of the disposal of the appeal as abated, I.A. No.

1/2011 stands disposed off.

SD/-

JUDGE BVV

CT-ASC