Sri Prabakhar Shet vs Sri Shreesha Upadhyaya
2024 Latest Caselaw 15634 Kant

Karnataka High Court

Sri Prabakhar Shet vs Sri Shreesha Upadhyaya on 3 July, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                          NC: 2024:KHC:24954
                                                        RSA No. 1264 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 3RD DAY OF JULY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO. 1264 OF 2021 (DEC/INJ)

                   BETWEEN:

                   1.    SRI PRABAKHAR SHET
                         S/O LATE PADMANABHA SHET
                         AGED ABOUT 67 YEARS
                         R/AT PADMASHREE JWELLERS
                         THENKAPETE, UDUPI POST
                         UDUPI-576101
                                                                   ...APPELLANT
                               (BY SRI. PRASANNA V.R., ADVOCATE)
                   AND:

                   1.    SRI SHREESHA UPADHYAYA
                         S/O KUMBHASHI RAMACHANDRA UPADYAYA
                         AGED ABOUT 62 YEARS
                         R/AT RAMARAJA STORES BADAGUPETE,
                         UDUPI POST, UDUPI-576101.
Digitally signed
by DEVIKA M
Location: HIGH     2.    UDUPI TOWN MUNCIPALITY UDUPI
COURT OF                 THE CHIEF OFFICER
KARNATAKA                UDUPI-576101

                   3.    UDUPI TOWN MUNCIPAL COUNCIL
                         REP. BY ITS CHIEF OFFICER
                         UDUPI TOWN MUNCIPALITY
                         UDUPI-576101

                   4.    SRI RAJAGOPAL BHAT
                         S/O SARAF KRISHNA BHAT
                         AGED ABOUT 59 YEARS
                         R/AT DURGA JEWELERS
                           -2-
                                        NC: 2024:KHC:24954
                                   RSA No. 1264 of 2021




     THENAKAPETE POST,
     UDUPI-576101

5.   SRI GIRIDHAR BHAT
     S/O SARAF KRISHNA BHAT
     AGED ABOUT 54 YEARS
     R/AT DURGA JEWELERS
     THENAKAPETE POST,
     UDUPI-576101

6.   SRI RAMCHANDRA BHAT
     S/O SARAF KRISHNA BHAT
     AGED ABOUT 48 YEARS
     R/AT DURGA JEWELERS
     THENAKAPETE POST,
     UDUPI-576101

7.   SRI K. RAVIRAJ RAO
     S/O LATE HARIDAS RAO
     AGED MAJOR,
     R/AT DOOR NO 9-1-42,
     THENKAPETE, POST UDUPI,
     UDUPI TALUK
     UDUPI DISTRICT-576101.

8.   SRI K. MOHAN RAO
     S/O LATE HARIDAS RAO
     AGED MAJOR,
     R/AT DOOR NO 9-1-42, THENKAPETE,
     POST UDUPI, UDUPI TALUK,
     UDUPI DISTRICT-576101.
                                           ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 27.07.2020
PASSED IN R.A.NO.23/2016 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, UDUPI, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 22.02.2016 PASSED IN O.S.NO.172/1993 ON THE FILE
OF THE PRINCIPAL CIVIL JUDGE AND JMFC, UDUPI.
                               -3-
                                            NC: 2024:KHC:24954
                                         RSA No. 1264 of 2021




    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellant has filed a memo along

with death certificate of the appellant and learned counsel also

submits that legal representatives of the deceased appellant

are not interested in pursuing the matter and not giving any

instructions.

2. In view of the said submission, the appeal is

dismissed as abated.

Sd/-

JUDGE

ST