Karnataka High Court
Gourabai W/O Basappa Biradar Dead By ... vs Mallappagouda S/O Golappagouda ... on 4 July, 2024
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NC: 2024:KHC-K:4592-DB
RFA No. 200078 of 2021
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 200078 OF 2021 (DEC/INJ)
BETWEEN:
GOURABAI W/O BASAPPA BIRADAR
DEAD BY LR's
ARUNA
1.
W/O SANNABASAPPA PATIL,
AGED ABOUT 64 YEARS,
OCC: H.H. WORK, R/O. KILEGAON,
TQ. ATHANI, DIST. BELGAUM.
2. AYYAMMA W/O NARSAPPA BIRADAR,
AGED ABOUT 66 YEARS,
Digitally signed by
BASALINGAPPA
OCC: AGRICULTURE, R/O. GOLAGERI,
SHIVARAJ TQ. SINDAGI, DIST. VIJAYAPUR.
DHUTTARGAON
Location: HIGH 3. BASANAGOUDA
COURT OF
KARNATAKA S/O NARASAPPA BIRADAR,
AGED ABOUT 43 YEARS,
OCC: AGRICULTURE, R/O. GOLAGERI,
TQ. SINDAGI, DIST. VIJAYAPUR.
4. NANAGOUDA
S/O NARASAPPA BIRADAR
AGED ABOUT 37 YEARS,
OCC: AGRICULTURE, R/O. GOLAGERI,
TQ. SINDAGI, DIST. VIJAYAPUR.
...APPELLANTS
(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)
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NC: 2024:KHC-K:4592-DB
RFA No. 200078 of 2021
AND:
MALLAPPAGOUDA
S/O GOLAPPAGOUDA BIRADAR
SINCE DECEASED BY LR's
1. KASTURIBAI W/O MALLAPPAGOUDA BIRADAR,
AGED ABOUT 64 YEARS, OCC: H.H. WORK.
2. MAHANTESH S/O MALLAPPAGOUDA BIRADAR,
AGED ABOUT 39 YEARS, OCC: AGRICULTURE.
3. SANGAPPAGOUDA S/O GOLAPPAGOUDA BIRADAR,
AGED ABOUT 54 YEARS,OCC: AGRICULTURE.
4. MAHADEVAPPAGOUDA
S/O GOLAPPAGOUDA BIRADAR,
AGED ABOUT 64 YEARS, OCC: H.H. WORK.
5. MADIVALAPPA S/O BHIMARAY KUDRI,
AGED ABOUT 49 YEARS, OCC: AGRICULTURE.
6. SHIVAPPA S/O BHIMARAYA KUDARI
AGED ABOUT 48 YEARS, OCC: AGRICULTURE.
7. DEVAKKI W/O VEERABADRAPPA KUDARI
AGED ABOUT 65 YEARS, OCC. H.H. WORK,
ALL ARE R/O. SASABAL,
TQ. SINDAGI, DIST. VIJAYAPURA-586 101.
...RESPONDENTS
(BY SRI. VINAYAK APTE, ADVOCATE FOR R1 TO R4;
NOTICE TO R5 TO R7 ARE SERVED)
THIS RFA IS FILED U/S 96 OF CPC, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 26.02.2021
PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, SINDAGI, IN
O.S. NO.30/2012 AND DECREE THE SUIT BY ALLOWING THIS
APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
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RFA No. 200078 of 2021
JUDGMENT
After arguing the matter for some time, learned counsel for the appellant files a memo seeking leave of the Court to withdraw the appeal with a liberty to file recalling application before the trial Court in O.S.No.29/1997 and O.S.No.30/1997 on the file of the Addl. Civil Judge (Jr.Dn), Sindagi, to reopen the case insofar as plaintiff Nos.1 and 2 are concerned. The memo is placed on record.
Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty.
Sd/-
JUDGE Sd/-
JUDGE MSR List No.: 1 Sl No.: 14 CT;BN