Dismissed

Vishwanath Veerasangappa v. Vinayak Ramachandra Naik

Karnataka HC2 Dec 2024RSA/100025/2014

Case brief

AI extract

What is this about?

A regular second appeal before the High Court of Karnataka at Dharwad Bench, benching of Single Judge Anant Ramanath Hegde, involving dispute regarding succession and inheritance was dismissed due to non-prosecution after counsel for appellants retired and there was no representation from appellants for 10 years.

What did the court decide?

Appeal dismissed for non-prosecution due to lack of representation from appellants for over 10 years.

Vishwanath Veerasangappa Vs Vinayak Ramachandra… — Succession and Inheritance | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:17571 RSA No. 100025 of 2014

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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REGULAR SECOND APPEAL NO. 100025 OF 2014 (POS)

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BETWEEN:

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VISHWANATH VEERASANGAPPA @ VIRUPAXAPPA RUGE SINCE DECEASED BY HIS LRS

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SHRI. SUBHASH VISHWANATH RUGE, AGE: 66 YEARS, OCC: BUSINESS R/O. LOKAPUR ROAD, YARAGATTI – 591129 TQ: SOUNDATTI, DIST: BELGAUM.

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GIRIJA A BYAHATTI

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Location: HIGH COURT OF KARNATAKA

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SHRI. CHIDANAND VISHWANATH RUGE, AGE: 50 YEARS, OCC: SERVICE, R/O. UGAR KHURD- 591316, TQ: ATHANI, DIST: BELGAUM.

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SMT. SHANTABAI W/O. VISHWANATH RUGE, SINCE DECEASED BY HIS LR’S.

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SHRI. SADASHIV VEERSANGAPPA @ VIRUPAXAPPA RUGE DIED HER LEGAL REPRESENTATIVES ARE ALREADY ON RECORD AS RA & R2

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SHRI. MAHADEV SADASHIV RUGE, 3. AGE: 55 YEARS, OCC: AGRICULTURE, R/O. BASAVAN GALLI, KAGWAD – 591223 TQ: ATHANI, DIST: BELGAUM

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2 - NC: 2024:KHC-D:17571 RSA No. 100025 of 2014

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SHRI. SHANKAR SADASHIV RUGE, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. BASAVAN GALLI, KAGWAD – 591 223 TQ: ATHANI, DIST: BELGAUM.

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SHRI. CHANNAPPA VEERSANGAPPA @ VIRUPAXAPPA RUGE, SINCE DECEASED BY HIS LRS

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SHRI. BASAVRAJ @ BASU CHANNAPPA RUGE, AGE: 66 YEARS, OCC: BUSINESS, R/O. UGAR KHURD, TQ: ATHANI, DIST: BELGAUM.

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5A. SMT. SUSHILA W/O. BASAVARAJ @ BASU CHANNAPPA RUGE, AGE: 65 YEARS, OCC: HOUSE WIFE,

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5B. DAYANAND S/O. BASAVARAJ @ BASU RUGE, AGE: 45 YEARS, OCC: BUSINESS,

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5C. SHIVANAND S/O. BASAVARAJ @ BASU RUGE, AGE: 42 YESAS, OCC: BUSINESS,

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5D. PRAKASH S/O. BASAVARAJ @ BASU RUGE, AGE: 40 YEARS, OCC: BUSINESS,

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ALL ARE RESIDENTS OF UGAR-KHURD- 591316, TQ; ATHANI, DIST: BELAGAVI.

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SHRI. CHANDRAKANT @ CHANDU CHANNAPPA RUGE, AGE: 61 YEARS, OCC: PENSIONER, R/O. UGAR KHURD, TQ: ATHANI, DIST: BELGAUM.

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3 - NC: 2024:KHC-D:17571 RSA No. 100025 of 2014

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SHRI. BALCHANDRA CHANNAPPA RUGE, AGE: 50 YEARS, OCC: BUSINESS, R/O. UGAR KHURD, TQ: ATHANI, DIST: BELGAUM.

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…APPELLANTS (BY SRI. SUBHASH V. RUGE AND OTHERS, APPELLANTSUNREPRESENTED)

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AND:

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SHRI. VINAYAK RAMACHANDRA NAIK, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. UGAR KHURD - 591316 TQ: ATHANI, DIST: BELGAUM.

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SHRI. SHRISHAIL VISHWANATH RUGE, AGE: 61 YEARS, OCC: BUSINESS, R/O.UGAR KHURD-591316 TQ: ATHANI,D IST: BELGAUM.

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SHRI. VEERBHADRA VISHWANATH RUGE, AGE: 59 YEARS, OCC: BUSINESS, R/O.UGAR KHURD - 591316 TQ: ATHANI, DIST: BELGAUM.

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SMT. SHASHIKALA W/O. SUBHASH PATTANSHETTI, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. C/O. S. S. PATTANSHETTI, PLOT NO. 35, 2^ND FLAT, KAVITA APARTMENTS, VIMAAN NAGAR PUNE - 411014 NOW R/AT: C/O. S S PATTANSHETTI, ABHIMAN APARTMENT CIVIL HOSPITAL ROAD, BELGAUM -590001.

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4 - NC: 2024:KHC-D:17571 RSA No. 100025 of 2014

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SHRI. SHEKHAR VISHWANATH RUGE, AGE: 48 YEARS, OCC: BUSINESS, R/O.VISHWASHANTI PRINTERS, S NO. 47, GANESH NAGAR, UDAGAONSHERI PUNE – 411014.

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SMT. SUVARNA W/O. ASHOK SHETTI, AGE: 51 YEARS, OCC: HOUSEHOLD, R/O. NEAR MALLIKARJUN TEMPLE, MIRAJ - 416410 DIST: SANGLI, MAHARAHSTRA STATE.

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SMT. MAHADEVI W/O. BALASAHEB SARAWADI, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O. SADALAGA - 591239 TQ:CHIKODI, DIST: BELGAUM.

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…RESPONDENTS

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(BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R1; PROP. R7(A) & R7(B) NOT CLAIMED; PROP. R7 (C) - SERVED)

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THIS RFA IS FILED UNDER ORDER XLII RULE 1 R/W SEC 100 CPC., 1908 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATE 05.12.2013 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE & JMFC., ATHANI IN RA 22/2008 AND SET ASIDE THE JUDGMENT AND DECREE DATED 01.04.2008 PASSED BY THE PRINCIPAL CIVIL JUDGE, JR.DN & JMFC., ATHANI IN O.SNO. 142/1981 AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT BY DISMISSING THE SUIT IN O.S 142/1981 ON THE FILE OF PRINCIPAL CIVIL JUDGE, JR.DN & JMFC., ATHANI.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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5 - NC: 2024:KHC-D:17571 RSA No. 100025 of 2014

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CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL JUDGMENT

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Learned counsel for the appellants retired from the

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brief for want of instructions. Thereafter the Court directed the Registry to mention the names of the appellants in the cause list.

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The names of the appellants are mentioned in the

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cause list. There is no representation. This is 10 years old

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matter. There is no ground to adjourn the matter.

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Appeal is dismissed for non-prosecution.

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Sd/(ANANT RAMANATH HEGDE)

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JUDGE

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gab CT:ANB

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List No.: 1 Sl No.: 5

Vishwanath Veerasangappa v. Vinayak Ramachandra Naik

Case brief

What is this about?

What did the court decide?

Vishwanath Veerasangappa v. Vinayak Ramachandra Naik

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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