Akshata Enterprises vs Shri.Shidramappa
2024 Latest Caselaw 5711 Kant

Karnataka High Court

Akshata Enterprises vs Shri.Shidramappa on 23 February, 2024

                                      -1-
                                             NC: 2024:KHC-D:4504
                                              RSA No. 100377 of 2017




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                 DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                    BEFORE

                      THE HON'BLE MR JUSTICE R.NATARAJ

             REGULAR SECOND APPEAL NO. 100377 OF 2017 (POS)

            BETWEEN:

            1.   AKSHATA ENTERPRISES,
                 KAVALI COMPLEX, OPP:LAXMI MATHA TALKIES,
                 COEN ROAD, HUBBALLI.
                 BY ITS MANAGING PARTNER,
                 SHRI RAJENDRAPRASAD GUDLEPPA HALLIKERI
                 COEN ROAD, HUBBALLI,
                 DT.-DHARWAD-580020.

            2.   SHRI RAJENDRAPRASAD GUDLEPPA HALLIKERI,
                 AGE: 56 YEARS, OCC:BUSINESS,
                 R/O:KAVALI COMPLEX,
                 OPP:LAXMI MATHA TALKIES,
                 COEN ROAD, HUBBALLI,
                 DT.-DHARWAD-580020.
Digitally
signed by
VINAYAKA                                               ...APPELLANTS
BV          (BY SRI. DINESH M.KULKARNI, ADVOCATE)

            AND:

            1.   SHRI SHIDRAMAPPA
                 S/O. SHIDDALINGAPPA KAVALI,
                 AGE:66 YEARS, OCC:BUSINESS,
                 R/O:H.NO.149, AKSHAY COLONY,
                 BEHIND CHETANA COLLEGE,
                 HUBBALLI, DT.-DHARWAD-580020.

            2.   SMT.JAYADEVI
                 W/O: GURUSIDDAPPA KAVALI,
                               -2-
                                      NC: 2024:KHC-D:4504
                                       RSA No. 100377 of 2017




     AGE: 60 YEARS, OCC: HOUSEHOLD,
     R/O:H.NO.7, SHIVASHAKTI BUILDING,
     BEHIND TIMMASAGAR BASAVANNA TEMPLE,
     1ST CORSS, VIDYANAGAR,
     HUBBALLI, DT.-DHARWAD-580020.

3.   SMT.GEETHA W/O. SANJAY NOOLVI,
     AGE: 42 YEARS, OCC:HOUSEHOLD,
     R/O:H.NO.126, VINAYAK COLONY,
     BEHIND B.V.B HOSTEL,
     VIDYANAGAR, HUBBALLI,
     DT.-DHARWAD-580020.

4.   SHRI SHIVAYOGI S/O. GURUSIDDAPPA KAVALI,
     AGE: 40 YEARS, OCC: BUSINESS,
     R/O: H.NO.7, SHIVASHAKTI BUILDING,
     BEHIND TIMMASAGAR BASAVANNA TEMPLE,
     1ST CROSS, VIDYANAGAR,
     HUBBALLI, DT.-DHARWAD-580020.

                                                ...RESPONDENTS
(BY SRI. MAHESH WODEYAR , ADVOCATE)

      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST    THE    JUDGEMENT    AND     DECREE    DT:13.02.2017
PASSED IN R.A. NO. 149/2016 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DTD:26.08.2016 PASSED IN O.S. NO.676/2013 ON THE FILE
OF   THE   II    ADDITIONAL   CIVIL    JUDGE    AND   JUDICIAL
MAGISTRATE FIRST CLASS COURT, HUBBALLI.


      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:
                              -3-
                                   NC: 2024:KHC-D:4504
                                    RSA No. 100377 of 2017




                          ORDER

Learned counsel for the appellants submits that this

appeal has become infructuous as the appellants have

vacated the premises.

2. Submission is placed on record.

3. The appeal is dismissed as having become

infructuous.

SD/-

JUDGE

RH