Sri v. K Nayak v Shantheri Apartments Owners Association
Case brief
What is this about?
Karnataka High Court (H.P. Sandesh, J.), RSA No. 760 of 2010 (RES), decided 30.07.2026 — Regular Second Appeal under Section 100 CPC against the first appellate court's judgment dated 16.02.2010 in R.A.No.118/2008 (I Addl. District Judge, D.K., Mangalore), which had set aside the trial court's decree dated 30.08.2008 in O.S.No.153/2003 (II Addl. Civil Judge (Sr. Dn.), Mangalore). Appeal dismissed as abated on the basis of counsel's memo that both appellants, V.K. Nayak and Shanthi Nayak (Directors of the company), had expired six years earlier, the company had been sold, and no instructions were available. Respondents: Shantheri Apartments Owners Association, E.B.J. Pinto, and the legal representatives (3(a)-(d)) of deceased original 3rd defendant K.N. Kamath. No issues on merits were decided; no cases or amounts discussed.
What did the court decide?
In view of the memo filed by learned counsel for the appellants, the appeal is dismissed as abated.