Vishnu Sheshagiri Naik vs Nagesh Ramachandra Naik
2024 Latest Caselaw 27259 Kant

Karnataka High Court

Vishnu Sheshagiri Naik vs Nagesh Ramachandra Naik on 13 November, 2024

                                               -1-
                                                         NC: 2024:KHC-D:16620
                                                      RSA No. 100885 of 2014




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                           DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                             BEFORE

                            THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                                  RSA NO. 100885 OF 2014 (INJ)

                      BETWEEN:

                      VISHNU SHESHAGIRI NAIK,
                      AGE: 60 YEARS, OCC. AGRICULTURE,
                      R/O. HERANGADI VILLAGE,
                      ALLANKI PAIKI, BANGGARAMAKKI,
                      HONNAVAR,
                      DIST. KARWAR-581334.

                                                               ... APPELLANT
                      (BY SRI. HAREESH S NAIK, ADVOCATE)

         Digitally
         signed by
         VISHAL
                      AND:
VISHAL   NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
         2024.11.14
         16:57:50
         +0530
                      1.    NAGESH RAMACHANDRA NAIK
                            AGE: ABOUT 70 YEARS,
                            OCC. AGRICULTURE,
                            R/O. HERANGADI VILLAGE,
                            ALLANKI PAIKI, BANGGARAMAKKI,
                            HONNAVAR, DIST. KARWAR-581334.

                      2.    MANJUNATH RAMACHANDRA NAIK
                            AGE: ABOUT 65 YEARS,
                            OCC. AGRICULTURE,
                            R/O. HERANGADI VILLAGE,
                            ALLANKI PAIKI, BANGGARAMAKKI,
                          -2-
                                     NC: 2024:KHC-D:16620
                                 RSA No. 100885 of 2014




     HONNAVAR, DIST. KARWAR-581334.

3.   KAMALA KOM RAMACHANDRA NAIK
     AGE: ABOUT 60 YEARS,
     OCC. AGRICULTURE,
     R/O. HERANGADI VILLAGE,
     ALLANKI PAIKI, BANGGARAMAKKI,
     HONNAVAR, DIST. KARWAR-581334.

                                       ... RESPONDENTS
(R1 IS ABATED (13.11.2024))

     THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE

JUDGMENT AND DECREE DATED 08.09.2014 PASSED IN

R.A.NO.30/2006 ON THE FILE OF THE SENIOR CIVIL

JUDGE,   HONAVAR,   DISMISSING       THE    APPEAL   AND

CONFIRMING    THE   JUDGMENT    AND     DECREE    DATED

28.02.2006 AND THE DECREE PASSED IN O.S.NO.20/2004

ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN)

AT   HONAVAR,   DECREEING      THE   SUIT    FILED   FOR

PERMANENT INJUNCTION.


     THIS APPEAL, COMING ON FOR DISMISSAL, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:
                                  -3-
                                              NC: 2024:KHC-D:16620
                                         RSA No. 100885 of 2014




                          ORAL ORDER

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

The matter is listed for dismissal noting the absence

of the appellant's counsel and non taking of steps in

respect of deceased respondent No.1.

2. The contesting respondent No.1 is deceased. No

steps have been taken. Appeal stands abated as against

respondent No.1.

3. There is no representation on behalf of the

appellant. The appeal is of the year 2014. It is appears

that the appellant is not interested in prosecuting the

appeal, hence, the appeal is dismissed for

non-prosecution.

Sd/-

(JUSTICE K.S.HEMALEKHA)

RH