Janardhan Rao S/O Veer Rao Kulkarni vs Laxmikant Rao Mandewalkar
2025 Latest Caselaw 115 Kant

Karnataka High Court

Janardhan Rao S/O Veer Rao Kulkarni vs Laxmikant Rao Mandewalkar on 1 April, 2025

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                                                             NC: 2025:KHC-K:2052
                                                         RSA No. 7377 of 2012




                                 IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                               DATED THIS THE 1ST DAY OF APRIL, 2025

                                                BEFORE
                        THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                             REGULAR SECOND APPEAL NO. 7377 OF 2012
                      BETWEEN:

                            JANARDHAN RAO
                                                                   Amended as per
                            S/O VEER RAO KULKARNI
                            AGE: 80 YEARS,                         order of Hon'ble
                            OCC: RETD. PRIVATE SERVICE,            High Court dated
                            R/O: MANDEWAL, TQ: JEWARGI,               02.03.2015
                            DIST: GULBARGA - 585 103.,
                            NOW AT HYDERABAD.
                            SINCE DECEASED THROUGH HIS LRS.

                      1a. SUNANDA
                          W/O JANARDHANRAO
                          AGE: 78 YEARS,
                          OCC: HOUSEHOLD,
Digitally signed by       R/O: PLOT NO.5, VIVEKANAND ROAD,
BASALINGAPPA
SHIVARAJ                  JAIL ROAD, NASIK.
DHUTTARGAON
Location: HIGH
COURT OF              1b. SMT. VIJAYA KUKLARNI
KARNATAKA
                          W/O M.A.AZEEM
                          AGE: 55 YEARS,
                          OCC: TEACHER,
                          R/O: H.NO.47, LIC COLONY,
                          OPP: INDIRA PARK,
                          HYDERABAD - 500 380.

                      1c.   VASATI PURNIK
                            S/O SRIPAD PURNIK
                            AGE: 52 YEAS,
                            OCC: HOSUEHOLD,
                             -2-
                                           NC: 2025:KHC-K:2052
                                      RSA No. 7377 of 2012




    R/O: PLOT NO.5, VIVEKANAND ROAD,
    JAIL ROAD, NASIK.
                                                 ...APPELLANTS

(BY COUNSEL FOR APPELLANT HAS ELEVATED AS HIGH COURT
JUDGE)

AND:

   LAXMIKANT RAO MANDEWALKAR
   S/O SHANKA RAO KULKARNI,
   AGE: YEARS,
   OCC: SERVICE,
   R/O: H.NO.11-252, RAGHAVENDRA COLONY,
   BRAMAPUR GULBARGA 585 103..
                                       ...RESPONDENT

(BY SRI SUDHEER KULKARNI, ADVOCATE)

       THIS   REGULAR   SECOND    APPEAL    IS   FILED   UNDER
SECTION 100 OF THE CODE OF CIVIL, PROCEDURE, PRAYING
TO SETTING - ASIDE THE JUDGMENT AND DECREE DATED
20.11.2007 PASSED IN O.S.NO.95/2002 BY THE LEARNED I
ADDITIONAL CIVIL JUDGE (SR.DN) GULBARGA AND THE
JUDGMENT      AND   DECREE DATED 03.04.2009        PASSED IN
R.A.NO.153/2007 BY THE FAST TRACT COURT-III, GULBARGA,
AND CONSEQUENTLY DECREE THE SUIT OF THE PLAINTIFF, IN
THE INTEREST OF JUSTICE AND EQUITY.


       THIS REGULAR SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:


CORAM:    HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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                                               NC: 2025:KHC-K:2052
                                             RSA No. 7377 of 2012




                          ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

1. It is stated that, the sole respondent has died.

2. More than three months have been lapsed, no

steps have been taken.

3. Hence, the appeal is dismissed as abated.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

SVH