Sri. Satish Laxman Kale vs Sri. Sadashiv Laxman Kale
2025 Latest Caselaw 659 Kant

Karnataka High Court

Sri. Satish Laxman Kale vs Sri. Sadashiv Laxman Kale on 3 July, 2025

                                                      -1-
                                                              NC: 2025:KHC-D:8307-DB
                                                              RFA No. 100324 of 2022


                            HC-KAR




                                      IN THE HIGH COURT OF KARNATAKA,
                                              DHARWAD BENCH

                                     DATED THIS THE 3RD DAY OF JULY, 2025

                                                   PRESENT

                                     THE HON'BLE MR. JUSTICE R.NATARAJ

                                                      AND

                                     THE HON'BLE MR. JUSTICE RAJESH RAI K

                            REGULAR FIRST APPEAL NO.100324 OF 2022 (PAR/POS)

                            BETWEEN:

                            SRI. SATISH LAXMAN KALE
                            AGE: 63 YEARS, OCC. SERVICE,
                            R/O. NO.724,
                            S.V.ROAD, TILAKWADI,
                            BELAGAVI-590006.

                            REPRESENTED BY GPA HOLDER
                            SHRI PARASHARAM BALARAM BELGAONKAR,
                            AGE: 60 YEARS, OCC. BUSINESS,
YASHAVANT                   R/O. 566, ANVEKAR CHAWL,
NARAYANKAR

Digitally signed by
                            TILAKWADI, BELAGAVI.
YASHAVANT NARAYANKAR
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH DHARWAD
                                                                        ...APPELLANT
Date: 2025.07.04 14:19:00
+0530



                            (BY SRI. AKSHAY KATTI AND
                            SRI. ANAND ASHTEKAR, ADVOCATES)

                            AND:

                            1.   SRI. SADASHIV LAXMAN KALE
                                 AGE: 77 YEARS,
                                 OCC.RETIRED,
                                 R/O. SASANE NAGAR,
                                 BEHIND ITI COLLEGE,
                                 KOLHAPUR-416001.
                             -2-
                                   NC: 2025:KHC-D:8307-DB
                                   RFA No. 100324 of 2022


HC-KAR




2.   SRI. SUHAS LAXMAN KALE
     AGE: 69 YEARS,
     OCC. RETIRED,
     R/O. SUWARNAREKHA SOCIETY,
     SINHAGAD ROAD,
     PUNE-411024.

3.   SRI. SULBHA SURESH KHASINIS
     AGE: 66 YEARS,
     OCC. HOUSEHOLD WORK,
     R/O. G3, KRISTAL OLIVINE,
     AT POST: BELLANDUR,
     BENGALURU-560103.
                                             ...RESPONDENTS

(BY SRI. TEJPAL A. KAMALA, ADVOCATE FOR R1 TO R3)

      THIS RFA IS FILED UNDER SECTION 96 READ WITH

ORDER 41 RULE 1 OF CPC., 1908, PRAYING TO ALLOW THE

APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED

26.02.2021   PASSED    IN   O.S.NO.57/2018    BY   THE   IV

ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE

FIRST CLASS, BELAGAVI, AND DISMISS THE SAID SUIT, IN

THE ENDS OF JUSTICE.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:   THE HON'BLE MR. JUSTICE R.NATARAJ
          AND
          THE HON'BLE MR. JUSTICE RAJESH RAI K
                             -3-
                                      NC: 2025:KHC-D:8307-DB
                                     RFA No. 100324 of 2022


HC-KAR




                        ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE R.NATARAJ)

Learned counsel for the appellant was intimated

about the death of respondent No.1 on 12.03.2025.

However, steps are not taken till date. Hence, the appeal

against respondent No.1 is abated. Consequently, the

entire appeal abates and accordingly, it is disposed of as

having abated.

SD/-

(R.NATARAJ) JUDGE

SD/-

(RAJESH RAI K) JUDGE

PJ/Ct:pa