Karnataka High Court

RSA/760/2010 of SRI V K NAYAK Vs SHANTHERI APARTMENTS OWNERS ASSOCIATION on 30 July 2026

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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

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