IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S.G. PANDIT WRIT APPEAL NO. 1265 OF 2014 (LR) BETWEEN:
SRI KRISHNAMURTHY KEDELAYA AGED ABOUT 73 YEARS SON OF LATE SEETHARAMA KEDELAYA ‘DURGA NILAYA’, NEAR DURGA TEMPLE HERGA, MANIPAL – 576 104.
... APPELLANT (BY SRI NATARAJA BALLE A., ADVOCATE - ABSENT) AND:
1. LAND TRIBUNAL UDUPI – 574 101 REPRESENTED BY SPECIAL TASHIDAR.
2. SMT. YASHODA BAI, MAJOR DAUGHTER OF SHAMA BHATTA RESIDING AT DEVASTHANABETTU HERGA VILLAGE, MANIPAL – 576 104.
(SINCE DECEASED BY HER L.R. SRI. PUNDALIK BHAT) 3. SRI VADIRAJA S.
AGED ABOUT 53 YEARS SON OF SRINIVASA ADIGA NEAR DURGAPARAMESHWARI TEMPLE HERGA – 576 104.
... RESPONDENTS (BY SRI. S.S MAHENDRA, ADDITIONAL GOVERNMENT ADVOCATE, FOR RESPONDENT NO. 5;
RESPONDNET NO.2 IS ABATED VIDE ORDER DATED 13.03.2019;
RESPONDENT NO.3 - SERVED) THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 15488 OF 2013 DATED 27/9/2013.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Respondent No.2 was granted occupancy rights by the impugned order dated 18.09.1978 passed in Case No.LRY-78-33-TR5399/78-79 by the Land Tribunal, Udupi in respect of the property in question. Since the appeal has been dismissed against respondent No.2, no further order requires to be passed in this appeal. Consequently, the appeal stands dismissed.
Sd/- Sd/-
JUDGE JUDGE SA