Karnataka High Court
Yashavantappa S/O Basappa Kori vs Smt.Nirmala W/O Parameshappa Kori on 1 July, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-D:8897-DB
RFA No. 100039 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO.100039 OF 2019 (PAR/POS)
BETWEEN:
YASHAVANTAPPA
S/O. BASAPPA KORI
AGE ABOUT 36 YEARS,
OCC: AGRICULTURE,
R/O: UMACHAGI,
TQ: HUBBALLI,
DIST: DHARWAD-581195.
...APPELLANT
(BY SRI.SACHIN C.ANGADI, ADVOCATE FOR
SRI. PRAKASH K.JAWALKAR, ADVOCATE)
AND:
Digitally signed
by BHARATHI H 1. SMT. NIRMALA
M
Location: HIGH
COURT OF
W/O. PARAMESHAPPA KORI,
KARNATAKA
DHARWAD AGE: ABOUT 40 YEARS,
BENCH
Date: 2024.07.04
10:27:57 +0530
OCC: AGRICULTURE,
R/O: UMACHAGI,
TQ: HUBBALLI,
DIST: DHARWAD-581195.
2. SMT. KASHAVVA
S/O. BASAPPA KORI,
AGE: 66 YEARS,
OCC: NIL,
R/O: UMACHAGI, T
Q: HUBBALLI,
DIST: DHARWAD-581195.
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NC: 2024:KHC-D:8897-DB
RFA No. 100039 of 2019
3. SMT. RUDRAVVA
W/O. BASAPPA GARVADA,
AGE: 45 YEARS,
OCC: HOUSEHOLD,
R/O: UMACHAGI,
TQ: HUBBALLI,
DIST: DHARWAD.
4. SMT. VIJAVVA
D/O. BASAPPA KORI,
AGE: 36 YEARS,
OCC: HOUSEHOLD,
R/O: UMACHAGI,
TQ: HUBBALLI,
DIST: DHARWAD-581195.
...RESPONDENTS
(BY SRI.GIRISH BHAT, ADVOCATE FOR R1)
THIS RFA IS FILED UNDER ORDER 41 FULE 1 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 30.10.2018
PASSED IN O.S.NO.395/2016 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, HUBBALLI, PARTLY DECREEING THE SUIT FILED
FOR PARTITION AND POSSESSION.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS
DAY, MOHAMMAD NAWAZ, J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:8897-DB
RFA No. 100039 of 2019
JUDGMENT
This appeal is preferred by defendant No.4 against the judgment and decree dated 30.10.2018 passed in OS No.395/2016 by III Addl. Senior Civil Judge and JMFC., Hubballi, wherein suit of the plaintiff was partly decreed holding that plaintiff is entitled for 1/5th share in item No.1 and 2 of 'A' schedule properties. Insofar as 'B' and 'C' properties, suit came to be dismissed.
2. It is brought to the notice of the court by the learned counsel for both the parties that FDP No.9/2020 filed by the plaintiff has been allowed vide order dated 05.06.2023 and final decree is also drawn.
In view of the above, the appeal has become infructuous. Accordingly, Appeal is dismissed as having become infructuous.
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NC: 2024:KHC-D:8897-DB RFA No. 100039 of 2019 Pending IAs if any shall be disposed of.
Sd/-
JUDGE Sd/-
JUDGE HMB Ct:vh List No.: 1 Sl No.: 3