Samba S/O. Ishwar Bhat vs Parvati W/O. Ganapati Bhat
2024 Latest Caselaw 26501 Kant

Karnataka High Court

Samba S/O. Ishwar Bhat vs Parvati W/O. Ganapati Bhat on 6 November, 2024

                                                 -1-
                                                            NC: 2024:KHC-D:16225
                                                        RSA No. 100416 of 2014




                                 IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                             DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                               BEFORE

                              THE HON'BLE MRS JUSTICE K.S.HEMALEKHA


                                 RSA NO. 100416 OF 2014 (DEC/INJ)

                        BETWEEN:

                        1.    SAMBA S/O. ISHWAR BHAT,
                              SINCE DECEASED BY HIS LRS.,

                        1A. VISHWESHWAR S/O. SAMBA BHAT,
                            AGE: 56 YEARS, OCC. TEACHER,
                            R/O. IRAPUR, POST. KALACHE,
                            TQ. YELLAPUR, DIST. UTTAR KANNADA.

                        1B. SURYANARAYAN S/O. SAMBA BHAT,
                            AGE: 53 YEARS, OCC. AGRICULTURE,
                            R/O. IRAPUR, POST. KALACHE,
           Digitally
           signed by
           VISHAL
                            TQ. YELLAPUR, DIST. UTTAR KANNADA.
VISHAL     NINGAPPA
NINGAPPA   PATTIHAL
PATTIHAL   Date:
           2024.11.08
           10:53:27
           +0530        1C. SHIVARAM S/O. SAMBA BHAT,
                            AGE: 51 YEARS, OCC. BUSINESS,
                            R/O. PLOT NO. 23, LAKAMANAHALLI,
                            DHARWAD.

                        1D. GIRIJA KRISHNA BHAT
                            AGE: 49 YEARS, OCC. HOUSEWIFE,
                            R/O. GULLAPUR, TQ. YELLAPUR,
                            DIST. UTTAR KANNADA.

                        1E. LAXMINARASHIMHA S/O. ISHWAR BHAT,
                            AGE: 47 YEARS, OCC: AGRICULTURE,
                            -2-
                                     NC: 2024:KHC-D:16225
                                   RSA No. 100416 of 2014




    R/O. KALACHE VILLAGE,
    TQ. YELLAPUR, DIST. UTTAR KANNADA.
                                     ... APPELLANTS

(BY SRI. DINESH M KULKARNI, ADVOCATE)

AND:

SMT. PARVATI W/O. GANAPATI BHAT,
AGE: 58 YEARS,
OCC. HOUSEHOLD AND FARM WORK,
R/O. KALACHE VILLAGE, TQ. YELLAPUR,
DIST. UTTAR KANNADA.
                                           ... RESPONDENT
(SOLE RESPONDENT IS DEAD)

    THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DDATED 26.03.2014 PASSED IN
R.A.NO.139/2006 (OLD RA.NO.126/1997) ON THE FILE OF
THE SENIOR CIVIL JUDGE, YELLAPUR, ALLOWING THE
APPEAL FILED AGAINST THE JUDGMENT AND DECREE
DATED   16.08.1997   AND    THE    DECREE    PASSED    IN
O.S.NO.27/1992 ON THE FILE OF THE MUNSIFF AT
YELLAPUR,   DISMISSING       THE    SUIT     FILED    FOR
DECLARATION AND PERPETUAL INJUNCTION.


    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                            -3-
                                      NC: 2024:KHC-D:16225
                                  RSA No. 100416 of 2014




                   ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)

Sole respondent is reported to be dead long back, no

steps have been taken.

2. The appeal stands abated.

Sd/-

(JUSTICE K.S.HEMALEKHA)

AT