Ashok S/O Pundaliksa Meharwade vs Vishweshwarswami
2024 Latest Caselaw 4511 Kant

Karnataka High Court

Ashok S/O Pundaliksa Meharwade vs Vishweshwarswami on 14 February, 2024

                                         -1-
                                                NC: 2024:KHC-D:3471
                                                   RSA No. 5460 of 2012




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 14TH DAY OF FEBRUARY, 2024

                                       BEFORE

                        THE HON'BLE MR JUSTICE R.NATARAJ

                    REGULAR SECOND APPEAL NO.5460/2012(SP)

            BETWEEN:

            ASHOK
            S/O. PUNDALIKSA MEHARWADE,
            AGE: 43 YEARS, OCC: BUSINESS,
            R/O: DESAI GALLI,
            DHARWAD - 580 001.
                                                            ...APPELLANT
            (BY SMT. ARCHANA A. MAGADUM, ADVOCATE)

            AND:

            1.   VISHWESHWARSWAMI,
                 S/O. SHANTVEERASWAMI KATTIMATH,
                 AGED ABOUT 69 YEARS,
                 OCC: PENSIONER,
                 R/O: MANAGALWAR PET,
                 DHARWAD - 580 001.

Digitally   2.   RAJENDRA
signed by        S/O. MANOHAR KATTIMATH,
ROHAN
HADIMANI         AGE: 41 YEARS, OCC: SERVICE,
T                R/O: NARAGUND, GADAG.

            3.   RANJANA
                 D/O. MANOHAR KATTIMATH,
                 AGE: 53 YEARS, OCC: SERVICE,
                 R/O: NARAGUND,
                 GADAG - 582 207.

            4.   JAYALAXMI
                 D/O. MANOHAR KATTIMATH,
                 AGE: 55 YEARS, OCC: SERVICE,
                 R/O: NARAGUND,
                 GADAG - 582 207.
                              -2-
                                     NC: 2024:KHC-D:3471
                                        RSA No. 5460 of 2012




5.   SADASHIV
     S/O. VISHWESHWARSWAMI KATTIMATH,
     AGE: 39 YEARS, OCC: BUSINES,
     R/O: RAJATGIRI,
     DHARWAD - 580 001.

6.   SAVITA
     D/O. VISHWESHWARSWAMI KATTIMATH,
     AGE: 50 YEARS, OCC: HOUSEHOLD,
     R/O: RAJATGIRI,
     DHARWAD - 580 001.

7.   MANOHARSWAMI
     S/O. SHANTVEERSWAMI KATTIMATH,
     AGE: 62 YEARS, OCC: PENSIONER,
     R/O: MANGALWAR PET,
     DHARWAD - 580 001.

8.   VISHNU
     S/O. PUNDALIKSA MEHARWADE,
     AGE: 48 YEARS, OCC: BUSINESS,
     R/O: DESAI GALLI,
     DHARWAD - 580 001.

9.   VITHAL
     S/O. PUNDALIKSA MEHARWADE,
     AGE: 42 YEARS, OCC: BUSINESS,
     R/O: DESAI GALLI,
     DHARWAD - 580 001.
                                            ...RESPONDENTS
(BY SRI G.I.GACHCHINAMATH, ADVOCATE FOR R2 TO R6;
 R1 IS DECEASED; R8 AND R9 ARE SERVED;
 APPEAL AS AGAINST R7 IS ABATED)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT & DECREE DATED 17.12.2011 PASSED IN
RA.NO.55/2009 & 65/2009 ON THE FILE OF THE IIND ADDITIONAL
DISTRICT AND SESSIONS & SPL. JUDGE, DHARWAD, ALLOWING THE
APPEAL, FILED AGAINST THE JUDGMENT DATED 30.01.2009 AND
THE DECREE PASSED IN O.S.NO.145/1997 ON THE FILE OF THE II
ADDL. CIVIL JUDGE (SD) DHARWAD, DECREEING THE SUIT FILED
FOR SPECIFIC PERFORMANCE OF CONTRACT.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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                                    NC: 2024:KHC-D:3471
                                       RSA No. 5460 of 2012




                            ORDER

The death of respondent No.1 was reported on

06.01.2022. Along with the memo reporting the death, a

copy of the death certificate was also enclosed. However,

no steps are taken till date to bring on record the legal

representatives of deceased respondent No.1.

2. In that view of the matter, the appeal stands

disposed off as having abated in view of the fact that the

judgment in question was joint and inseverable against all

the defendants.

SD/-

JUDGE

RH

CT-ASC