Shri. Vishwanath S/O Ramachandra Desai vs Smt. Chandrawwa W/O Tammani Mali
2026 Latest Caselaw 2365 Kant

Karnataka High Court

Shri. Vishwanath S/O Ramachandra Desai vs Smt. Chandrawwa W/O Tammani Mali on 16 March, 2026

Author: Ravi V.Hosmani

Bench: Ravi V.Hosmani

                                                          -1-
                                                                      NC: 2026:KHC-D:4181
                                                                   CRP No. 100049 of 2025


                             HC-KAR



                             IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
                                   DATED THIS THE 16TH DAY OF MARCH, 2026
                                                    BEFORE
                                 THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
                                   CIVIL REVISION PETITION NO. 100049 OF 2025
                            BETWEEN:
                            SHRI VISHWANATH S/O RAMACHANDRA DESAI,
                            AGE. 77 YEARS, OCC. ADVOCATE,
                            R/O. NEAR BY MALLAYYANA TEMPLE,
                            JAMKHANDI-587301, DIST. BAGALKOTE.


                                                                                ...PETITIONER
                            (BY SRI VINEET R. BALIKAI, ADVOCATE FOR
                                SRI RAVI S. BALIKAI, ADVOCATE FOR PETITIONER)

                            AND:
                            1.   SMT. CHANDRAWWA W/O TAMMANI MALLI,
                                 AGE. 67 YEARS, OCC. HOUSEWIFE,
                                 R/O.NAGANUR-587301,
                                 TQ. JAMKHANDI, DIST. BAGALKOTE.

                            2.   SMT. NEELAWWA W/O SHRISHAIL DODDAPPAGOL,
                                 AGE. 67 YEARS, OCC. HOUSEWIFE,
                                 R/O.KUMBAR HALLA, JAMKHANDI-587301,
CHANDRASHEKAR
                                 TQ. JAMKHANDI, DIST. BAGALKOTE.
LAXMAN
KATTIMANI



                            3.   TULAJAPPA S/O BASAPPA MALLI,
Digitally signed by
CHANDRASHEKAR LAXMAN
KATTIMANI
Location: High Court of
Karnataka, Dharwad Bench


                                 AGE. 60 YEARS, OCC. AGRICULTURE,
Date: 2026.03.17 09:55:47
+0000




                                 R/O.KUMBAR HALLA, JAMKHANDI-587301,
                                 TQ. JAMKHANDI, DIST. BAGALKOTE.

                            4.   SHIVALING S/O BASAPPA MALLI,
                                 AGE. 55 YEARS, OCC. AGRICULTURE,
                                 R/O.KUMBAR HALLA, JAMKHANDI-587301,
                                 TQ. JAMKHANDI, DIST. BAGALKOTE.

                            5.   MANSUK S/O PUKRAJ OSAVAL,
                                 AGE. MAJOR, OCC. BUSINESS,
                                 R/O.JAMKHANDI-587301,
                                 TQ. JAMKHANDI, DIST. BAGALKOTE.
                                -2-
                                              NC: 2026:KHC-D:4181
                                           CRP No. 100049 of 2025


 HC-KAR




6.   PRAKASH S/O CHAGANALAL OSAVAL,
     AGE. MAJOR, OCC. BUSINESS,
     R/O.JAMKHANDI-587301,
     TQ. JAMKHANDI, DIST. BAGALKOTE.

7.   SMT. LAKSHMIBAI W/O RAMAPPA DANIGOND,
     AGE. MAJOR, OCC. HOUSEWIFE,
     R/O.JAMKHANDI-587301,
     TQ. JAMKHANDI, DIST. BAGALKOTE.

8.   MALLIKARJUN S/O RAMAPPA DANIGOND,
     AGE. MAJOR, OCC. BUSINESS,
     R/O.JAMKHANDI-587301,
     TQ. JAMKHANDI, DIST. BAGALKOTE.

9.   GAJANAN S/O VISHWANTH DESAI,
     AGE. MAJOR, OCC. AGRICULTURE,
     R/O.JAMKHANDI-587301,
     TQ. JAMKHANDI, DIST. BAGALKOTE.
                                                     ...RESPONDENTS


(BY SRI NAVEEN CHATRAD, ADVOCATE AND
    SRI BM KARVEKAR, ADVOCATE FOR RESPONDENT)

      THIS CRP IS FILED UNDER SECTION 115 OF CPC, PRAYING TO
SET ASIDE THE ORDER DATED 25.02.2025 PASSED ON I.A.NO.I,
PASSED IN O.S.NO.120/2023, ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, JAMKHANDI AND
ALLOW THE SAID I.A.NO.I AS PRAYED FOR AND THE PLAINT MAY BE
REJECTED AS PRAYED FOR AND THIS REVISION PETITION BE
ALLOWED WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY.


      THIS     CRP   COMING   ON     FOR    ADMISSION,   THIS   DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:       THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
                               -3-
                                          NC: 2026:KHC-D:4181
                                       CRP No. 100049 of 2025


HC-KAR



                          ORAL ORDER

Learned counsel for respondents submits that respondent

no.1 had died on 01.05.2023, while learned counsel for

petitioner submits that sole petitioner died in month of July,

2025.

2. Since steps are not taken in time, petition is

dismissed as abated.

Sd/-

(RAVI V.HOSMANI) JUDGE

GRD, CT:VP LIST NO.: 1 SL NO.: 50