Balaji Dattatreya Kushtagi vs Veershiva Adhyana Samsthe
2024 Latest Caselaw 26652 Kant

Karnataka High Court

Balaji Dattatreya Kushtagi vs Veershiva Adhyana Samsthe on 7 November, 2024

                                                 -1-
                                                          NC: 2024:KHC-D:16292
                                                       RSA No. 100141 of 2014




                                 IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                             DATED THIS THE 7TH DAY OF NOVEMBER, 2024

                                              BEFORE

                              THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                                   RSA NO. 100141 OF 2014 (POS)

                        BETWEEN:

                        1.   BALAJI DATTATREYA KUSHTAGI,
                             AGE: 55 YEARS, OCC. BUSINESS,
                             R/O. C/O. DR. VENKATESH HEBSUR,
                             VEERESHWAR NAGAR,
                             MULGUND ROAD,
                             GADAG-582 101.

                        2.   SURENDRA DATTATREYA KUSHTAGI,
                             AGE: 58 YEARS, OCC. BUSINESS
                             R/O. NEAR ROTARY CIRCLE,
           Digitally
           signed by
           VISHAL
                             GADAG-582 101.
VISHAL     NINGAPPA
NINGAPPA   PATTIHAL
PATTIHAL   Date:
           2024.11.12
           11:19:16
           +0530        3.   LAXMAN DATTATREYA KUSHTAGI,
                             AGE: 74 YEARS, OCC. BUSINESS,
                             R/O. JAVALI BAZAR,
                             NEAR OLD DURGA LODGE, GADAG-582 101.

                        4.   NARAYANAMURTHY DATTATREYA KUSHTAGI,
                             AGE: 62 YEARS, OCC. BUSINESS,
                             R/O. SANKET APARTMENTS,
                             NEAR NANDESHWAR MATH,
                             GADAG-582 101.

                        5.   VASUDEV DETTATREYA KUSHTAGI,
                         -2-
                                 NC: 2024:KHC-D:16292
                               RSA No. 100141 of 2014




     AGE: 46 YEARS, OCC. BUSINESS,
     R/O. NEHRU ROAD, NEAR ROTARY CIRCLE,
     GADAG-582 101.

6.  SHRI LAXMI NARAYAN GINNING AND
    DECARATING FACTORY,
    A PARTNERSHIP FIRM BY ITS PARTNER
    NARAYAN MURTY DATTATREYA KUSHTAGI,
    R/O. NEAR ROTARY CIRCLE,
    GADAG-582 101.
                                      ... APPELLANTS
(BY SRI. S. R. HEGDE, ADVOCATE)

AND:

VEERSHIVA ADHYANA SAMSTHE,
GADAG, A PUBLIC TRUST BY ITS SOLE TRUSTEE,
SHRI JAGADGURU TONTAD SIDDALING
MAHASWAMIGALAVARU,
AGE: 62 YEARS,
OCC. DHARMOPADESHA,
R/O. J T MATH, GADAG-582 101.
                                     ... RESPONDENT
(SOLE RESPONDENT DECEASED)

     THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 21.12.2013 PASSED IN
R.A.NO.24/2007 ON THE FILE OF THE ADDL. SENIOR
CIVIL JUDGE, GADAG, DISMISSING ALLOWING THE
APPEAL, FILED AGAINST THE JUDGMENT AND DECREE
DATED 23.12.2006 AND THE DECREE PASSED IN
O.S.NO.53/2004 ON THE FILE OF THE PRL. CIVIL JUDGE
(JR.DN.) GADAG, DECREEING THE SUIT FILED FOR
POSSESSION OF THE SUIT SCHEDULE PROPERTIES
TOGETHER WITH MEANS PROFITS.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                            -3-
                                     NC: 2024:KHC-D:16292
                                  RSA No. 100141 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. Appeal stands abated.

Sd/-

(JUSTICE K.S.HEMALEKHA)

AT Ct:pa