Karnataka High Court
None 100141 of 2014 on 21 December 2013
2024:KHC-D:16292
Digitallysigned byVISHALVISHALNINGAPPANINGAPPAPATTIHALPATTIHALDate:2024.11.1211:19:16+0530
RSA No. 100141 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7[TH] DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA RSA NO. 100141 OF 2014 (POS)
BETWEEN:
1. BALAJI DATTATREYA KUSHTAGI, AGE: 55 YEARS, OCC. BUSINESS, R/O. C/O. DR. VENKATESH HEBSUR, VEERESHWAR NAGAR, MULGUND ROAD, GADAG-582 101.
2. SURENDRA DATTATREYA KUSHTAGI, AGE: 58 YEARS, OCC. BUSINESS R/O. NEAR ROTARY CIRCLE, GADAG-582 101.
3. LAXMAN DATTATREYA KUSHTAGI, AGE: 74 YEARS, OCC. BUSINESS, R/O. JAVALI BAZAR, NEAR OLD DURGA LODGE, GADAG-582 101. AGE: 74 YEARS, OCC. BUSINESS, R/O. JAVALI BAZAR, NEAR OLD DURGA LODGE, GADAG-582 101.
4. NARAYANAMURTHY DATTATREYA KUSHTAGI, AGE: 62 YEARS, OCC. BUSINESS, R/O. SANKET APARTMENTS, NEAR NANDESHWAR MATH, GADAG-582 101. AGE: 62 YEARS, OCC. BUSINESS, R/O. SANKET APARTMENTS, NEAR NANDESHWAR MATH, GADAG-582 101.
5. VASUDEV DETTATREYA KUSHTAGI,
NC: 2024:KHC-D:16292
AGE: 46 YEARS, OCC. BUSINESS, R/O. NEHRU ROAD, NEAR ROTARY CIRCLE, GADAG-582 101.
6. SHRI LAXMI NARAYAN GINNING AND DECARATING FACTORY, A PARTNERSHIP FIRM BY ITS PARTNER
NARAYAN MURTY DATTATREYA KUSHTAGI,
R/O. NEAR ROTARY CIRCLE, GADAG-582 101.
… APPELLANTS
(BY SRI. S. R. HEGDE, ADVOCATE)
AND:
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VEERSHIVA ADHYANA SAMSTHE,
GADAG, A PUBLIC TRUST BY ITS SOLE TRUSTEE, SHRI JAGADGURU TONTAD SIDDALING MAHASWAMIGALAVARU, AGE: 62 YEARS, OCC. DHARMOPADESHA, R/O. J T MATH, GADAG-582 101.
… RESPONDENT
(SOLE RESPONDENT DECEASED)
THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.12.2013 PASSED IN R.A.NO.24/2007 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, GADAG, DISMISSING ALLOWING THE APPEAL, FILED AGAINST THE JUDGMENT AND DECREE DATED 23.12.2006 AND THE DECREE PASSED IN O.S.NO.53/2004 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) GADAG, DECREEING THE SUIT FILED FOR POSSESSION OF THE SUIT SCHEDULE PROPERTIES TOGETHER WITH MEANS PROFITS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC-D:16292
RSA No. 100141 of 2014
ORAL JUDGMENT
(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)
Sole respondent is reported to be dead long back, no steps have been taken.
2. Appeal stands abated.
-Sd/
(JUSTICE K.S.HEMALEKHA)
AT Ct:pa LIST NO.: 1 SL NO.: 11
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