Karnataka High Court
RSA/760/2010 of SRI V K NAYAK Vs SHANTHERI APARTMENTS OWNERS ASSOCIATION on 30 July 2026
CNR: KAHC010332192010 NC: 2026:KHC:39758 RSA No. 760 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 760 OF 2010 (RES) BETWEEN: 1. SRI. V.K. NAYAK S/O LATE KAMALAKSHA NAYAK AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 760 OF 2010 (RES)
BETWEEN:
1.
SRI. V.K. NAYAK
S/O LATE KAMALAKSHA NAYAK
AGED ABOUT 61 YEARS
2.
SMT. SHANTHI NAYAK
W/O MR. S.V. NAYAK
AGED ABOUT 59 YEARS
BOTH ARE
R/AT NO.C3, II FLOOR
SHRI SHANTHERI APARTMENTS
MANNAGUDDA
MANGALORE-575 003.
…APPELLANTS
(BY SRI. SHYAM KOUNDINYA A.S., ADVOCATE)
AND:
1.
SHANTHERI APARTMENTS OWNERS ASSOCIATION
HAVING ITS OFFICE AT SHANTERI APARTMENTS
8TH CROSS ROAD, GANDHINAGAR, MANGALORE
REPRESENTED BY ITS SECRETARY.
2.
MR. E.B.J. PINTO,
S/O LATE A.J. PINTO
AGED ABOUT 77 YEARS
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
CASA MIYA, 3RD MATADAKANI CROSS ROAD
MANGALORE-575 006.
3(a)
MRS. VASANTHI KAMATH
AGED ABOUT 43 YEARS
3(b)
NAGENDRA KAMATH
AGED ABOUT 40 YEARS
3(c)
H. GOPALAKRISHNA KAMATH
AGED ABOUT 39 YEARS
3(d)
MRS. MAYA SHENOY
AGED ABOUT 37 YEARS
RESPONDENTS 3(a) TO (d) AS LEGAL
REPRESENTATIVES OF DECEASED ORIGINAL
3RD DEFENDANT K.N.KAMATH, WHO DIED DURING
PENDENCY OF THE SUIT IN THE LOWER COURT.
RESPONDENTS 3(a) TO (d)
RESIDING AT NO.C3, II FLOOR
SHRI SHANTHERI APARTMENTS
MANNAGUDDA
MANGALORE-575003.
…RESPONDENTS
(BY SRI. K.N.MAHABALESHWARA, ADVOCATE FOR R3(b); R1 AND R2 ARE SERVED; NOTICE TO R3(a, c & d) IS HELD SUFFICIENT, VIDE ORDER DATED 25.10.2013)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.02.2010
PASSED IN R.A.NO.118/2008 ON THE FILE OF THE I ADDL.
DISTRICT JUDGE, D.K., MANGALORE, ALLOWING THE APPEAL
AND
SETTING
ASIDE
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JUDGMENT
AND DECREE DATED 30.08.2008 PASSED IN O.S.NO.153/2003 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SR. DN.), MANGALORE, D.K.
HC-KAR
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
Learned counsel for the appellants files memo stating that he has received an e-mail from the company, wherein the appellants are the Directors and both of them have expired six years back and company has been sold and no further information is available.
2. Hence, learned counsel for the appellants submits that appeal may be dismissed as having abated for want of instructions.
3. In view of the memo, appeal is dismissed as abated. Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 9