Sri M Vaman Bhat vs Smt Kumuda J Kuduva
2024 Latest Caselaw 18765 Kant

Karnataka High Court

Sri M Vaman Bhat vs Smt Kumuda J Kuduva on 26 July, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                             -1-
                                                         NC: 2024:KHC:29473
                                                        RSA No. 668 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 26TH DAY OF JULY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO.668 OF 2021

                   BETWEEN:

                   1.    SRI M VAMAN BHAT
                         S/O M VENKATESH BHAT
                         AGED ABOUT 83 YEAWRS
                         R/AT MOGARNAD
                         NARIKOMBU POST AND VILLAGE ,
                         BANTWAL

                   2.    J ANARDHANA BHAT
                         S/O VASUDEVA BHAT
                         AGED ABOUT 67 YEARS
                         R/AT MOGARNAD
                         NARIKOMBU POST AND VILLAGE
Digitally signed
by DEVIKA M              BANTWAL
Location: HIGH
COURT OF           3.    SRI M SHREENIVAS BHAT
KARNATAKA
                         S/O NAWRASIMHA BHAT
                         AGED ABOUT 74 YEARS
                         R/AT MOGARNAD
                         NARIKOMBU POST AND VILLAGE
                         BANTWAL

                                                             ...APPELLANTS
                   (BY SRI K J KAMATH, ADVOCATE)
                             -2-
                                         NC: 2024:KHC:29473
                                       RSA No. 668 of 2021




AND:

SMT. KUMUDA J KUDUVA
W/O LATE N JAGADISH KUDUVA
60 YEARS
R/AT K MATHUA COMPLEX
PANEMANGALORE
BANTWAL
                                            ...RESPONDENT
(BY SRI SACHIN B S, ADVOCATE)


    THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 15.09.2020
PASSED IN RA.NO.60/2016 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K.,
MANGALORE AND ETC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH


                    ORAL JUDGMENT

The learned counsel appearing for the appellants on

19.07.2024 made the submission that the matter which

was restored in terms of the order has already been

concluded and seeks a week's time to file the memo in this

regard. Today, the learned counsel for the appellant again

seeks time for the same purpose. But there is no grounds

to adjourn the matter in view of the conclusion of the trial

NC: 2024:KHC:29473

before the Trial Court in view of restoration and hence, the

appeal become infructuous. Accordingly, the second

appeal is dismissed as infructuous.

Sd/-

(H.P.SANDESH) JUDGE

SN