- 1 - NC: 2024:KHC-D:16292 RSA No. 100141 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH 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. 4. NARAYANAMURTHY DATTATREYA KUSHTAGI, AGE: 62 YEARS, OCC. BUSINESS, R/O. SANKET APARTMENTS, NEAR NANDESHWAR MATH, GADAG-582 101. 5. VASUDEV DETTATREYA KUSHTAGI, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Date: 2024.11.12 11:19:16 +0530 - 2 - NC: 2024:KHC-D:16292 RSA No. 100141 of 2014 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: 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: - 3 - 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