Karnataka High Court
Vijaya Kumar Shambulinga ... vs Smt. Parvati W/O.Shreeshail Hosamani, ... on 22 February, 2024
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NC: 2024:KHC-D:4332
RSA No. 5657 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
REGULAR SECOND APPEAL NO.5657/2010(DEC/INJ)
BETWEEN:
1. SRI VIJAYA KUMAR SHAMBULINGA
PATTANASHETTI,
[SINCE DECEASED BY LR'S]
2. SMT. SHIVALEELA
W/O.VIJAYA KUMAR PATTANASHETTI,
AGE: 45 YEARS, OCC: NIL,
R/O: OPPOSITE TO GOVERNMENT
JUNIOR COLLEGE GOKAK - 590 004.
3. SANDEEP S/O. VIJAYA KUMAR
PATTANASHETTI, AGE: 21 YEAR,
OCC: NIL, R/O: OPPOSITE TO GOVERNMENT
JUNIOR COLLEGE GOKAK - 590 004.
4. PRAVEEN
S/O.VIJAYA KUMAR PATTANASHETTI,
AGE: 16 YEARS, OCC: STUDENT,
Digitally
signed by MINOR REPRESENTED BY
VINAYAKA NATURAL MOTHER A-1(A).
BV
5. RAHUL
S/O.VIJAYA KUMAR PATTANASHETTI,
AGE: 19 YEARS, OCC: STUDENT,
R/O: OPPOSITE TO GOVERNMENT
JUNIOR COLLEGE GOKAK - 590 004.
...APPELLANTS
(BY SRI C. R. MENSINKAI, ADVOCATE)
AND:
1. SMT. PARVATI W/O.SHREESHAIL HOSAMANI,
AGE: MAJOR, OCC: MEDICAL PRACTIONER,
R/O: GOKAK - 590 004.
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NC: 2024:KHC-D:4332
RSA No. 5657 of 2010
SHRI APPASAHEB BALU BADNIKAI,
AGE: 70 YEARS, OCC: NIL,
R/O: VIDYANAGAR, GOKAK,
SINCE DECEASED BY HIS LR'S.
2. SMT. CHAMPAKKA
W/O. APPASAHEB BADINIKAI,
AGE: 64 YEARS, OCC: HOUSE HOLD,
R/O: VIDYANAGAR, GOKAK.
3. SHRI BABASAHEB APPASAHEB BADNIKAI,
AGE: 47 YEARS, OCC: BUSINESS,
R/O: VIDYANAGAR, GOKAK.
4. SMT. BHARATI W/O. PRAKASH NAIK,
AGE: 50 YEARS, OCC: HOUSE HOLD,
R/O: DARYRM, TALUKA: ATHANI,
DIST: BELAGAVI.
5. NARENDRA APPASAHEB BADNIKAI,
AGE: 40 YEARS, OCC: NIL,
R/O: VIDYANAGAR, GOKAK.
6. SMT. KAMALAVVA W/O. SHAMBULINGAPPA
PATTANASHETTI,
AGE: 68 YEARS, OCC: NIL,
R/O: OPP TO GOVERNMENT JUNIOR
COLLEGE GOKAK - 590 004.
SINCE DECEASED
APPELLANTS ARE TREATED
LR'S OF DECEASED R6;
...RESPONDENTS
(BY SRI A.S.PATIL, ADVOCATE FOR R1;
SRI RAVI S. BALIKAI, ADVOCATE FOR R2 TO R5;
APPELLANTS ARE TREATED LR'S OF DECEASED R6)
THIS RSA IS FILED UNDER SECTION 100 OF CIVIL
PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED
21.04.2010 PASSED IN R.A.NO.278/2008 ON THE FILE OF THE II -
ADDITIONAL DISTRICT JUDGE, BELAGAVI, ALLOWING THE APPEAL,
FILED AGAINST THE JUDGMENT DATED 05.12.2008 AND THE
DECREE PASSED IN O.S.NO.26/2000 ON THE FILE OF THE IIND -
ADDITIONAL CIVIL JUDGE (SR.DN) GOKAK, DISMISSING THE SUIT
FILED FOR DECLARATION AND INJUNCTION.
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NC: 2024:KHC-D:4332
RSA No. 5657 of 2010
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
A memo of retirement is filed by the learned counsel
for the appellants. This memo is counter signed by the
appellants. Therefore, the learned counsel for the
appellants is permitted to retire. Office is directed to
delete the name of learned counsel Sri. Madanmohan M.
Khannur and Sri. C R. Mensinkai from the cause list and
show the names of the appellants in the cause list.
2. Despite grant of indulgence to take steps to
bring the legal representatives of deceased respondent
No.1 no steps are taken till date. The deceased
respondent No.1 before this Court was the plaintiff before
the trial court while the other respondents were the other
defendants. As a result, the appeal stands abated not only
against the respondent No.1 but also against the other
respondents. Hence, this appeal stands disposed off as
having abated.
NC: 2024:KHC-D:4332
3. In view of the disposal of the appeal as abated,
I.A Nos.1/2019 to 3/2019 does not survive for
consideration for the present.
SD/-
JUDGE
PMP
CT-ASC
