Karnataka High Court
Basavaraj @ Basavanthrao vs Rani And Ors on 4 July, 2024
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NC: 2024:KHC-K:4596-DB
RFA No. 200106 of 2019
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
RFA NO. 200106 OF 2019 (PAR/POS)
BETWEEN:
BASAVARAJ @ BASAVANTHRAO
S/O LATE. GUNDAPPA,
AGE: 53 YEARS, OCC:AGRICULTURE,
R/O SITALAGERA, TQ. HUMNABAD,
DISTRICT:BIDAR.
NOW AT H. NO.15-2-340, SBI COLONY,
KUMBARWADA, BIDAR.
...APPELLANT
Digitally signed by (BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
BASALINGAPPA
SHIVARAJ
DHUTTARGAON AND:
Location: HIGH
COURT OF 1. RANI
KARNATAKA
W/O LATE SRINIVAS
AGE:35 YEARS, OCC: HOUSEHOLD,
R/O RAMPURE COLONY,
BIDAR -585401.
2. KUM. BHAKTI
D/O LATE SRINIVAS,
AGE:8 YEARS, MINOR,
U/G HER NATURAL MOTHER PLAINTIFF NO.1,
R/O RAMPURE COLONY,
BIDAR- 585401.
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NC: 2024:KHC-K:4596-DB
RFA No. 200106 of 2019
3. SIDDAMMA W/O LATE GUNDAPPA
SINCE DECEASED BY LR's
APPELLANT, R1 TO 7, 9 TO 12 AND R8(a) TO 8(C).
4. AMRUT S/O LATE GUNDAPPA
AGE: 55 YEARS, OCC:AGRICULTURE,
R/O SITALAGERA, TQ. HUMNABAD,
DISTRICT: BIDAR- 585 401.
5. VITHAL RAO S/O LATE GUNDAPPA
AGE: 50 YEARS, OCC:AGRICULTURE,
R/O SITALAGERA, TQ. HUMNABAD,
DISTRICT: BIDAR- 585 401.
6. MALLIKARJUN S/O LATE GUNDAPPA
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O SITALAGERA, TQ. HUMNABAD,
DISTRICT: BIDAR -585 401.
7. SHIVAPUTRA S/O LATE GUNDAPPA
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O SITALAGERA, TQ. HUMNABAD,
DISTRICT: BIDAR-585 401.
8. SHRIMANTH S/O LATE GUNDAPPA
SINCE DECEASED BY LR's
AMENDED AS PER ORDER DATED 27.06.2023
8(a) SUNITHA W/O LATE SHRIMANTH
8(b) ADITI D/O LATE SHRIMANTH
AGE: 16 YEARS, MINOR,
8(c) ASHMITH S/O LATE SHRIMANTH
AGE: 12 YEARS, MINOR,
ALL R/O C/O BASAWANGOUDA BIRADAR
(RTD, APMC SECRETARY), JALA NAGAR,
VIJAYAPURA - 586 109.
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NC: 2024:KHC-K:4596-DB
RFA No. 200106 of 2019
9. SRIKANTH S/O LATE GUNDAPPA
AGE:39 YEARS, OCC: AGRICULTURE,
R/O SITALAGERA, TQ. HUMNABAD,
DISTRICT:BIDAR.
NOW AT H. NO.27-1-13, SINGH NIVAS
NEAR PAPNASH GATE BIDAR- 585 101.
10. LALEETABAI W/O SHIVARAYA DENGE
AGE: 75 YEARS, OCC: HOUSEHOLD,
R/O CHIMMAIDALAI, TQ. CHINCHOLI,
DISTRICT: KALABURAGI-585 102.
11. BHARATBAI W/O KASHINATH BHORAGUNDA
AGE: 70 YEARS, OCC: HOUSEHOLD,
R/O ALIMBARA, TQ. & DIST.BIDAR- 585 401.
12. UMADEVI W/O JAGADISH
AGE: 45 YEARS, OCC: HOUSEHOLD,
R/O VIJAYAPURA- 586 101,
NOW AT NEAR, GOPI HOTEL,
OLD HYDERABAD (T.S)- 500 002.
...RESPONDENTS
(BY SRI. HANUMANTHRAYA SINDOL, ADV. FOR R1 AND R2;
SRI. JAIRAJ K. BUKKA, ADV. FOR R4, R5, R7 AND R10,
R3 DEAD,
NOTICE TO R6, R11 AND R12 ARE SERVED,
R8(a) AND R9 IS HELD SUFFICIENT,
SRI. RAJKUMAR A. KORWAR MEMBER OF BAR APPOINTED
AS NEXT FRIEND OF MINORS R8(b) AND R(c))
THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF
CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT
AND DECREE IN O.S 61 OF 2013 ON THE FILE OF THE ADDL.
SENIOR CIVIL JUDGE AND CJM AT BIDAR DATED 02.12.2016,
AND CONSEQUENTLY DISMISS THE SUIT OF THE PLAINTIFFS,
IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-K:4596-DB
RFA No. 200106 of 2019
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
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 challenge the impugned judgment and decree (ex-parte decree) by filing an application under Order 9 Rule 13 of CPC. The memo is placed on record.
Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty. If an application is filed under Order 9 Rule 13 CPC, the trial Court shall not insist to file an application under Section 5 of the Limitation Act. [ In view of withdrawal of appeal, IA.No.2/2019 and 1/2024 do not survive for consideration. -5-
NC: 2024:KHC-K:4596-DB RFA No. 200106 of 2019 Office is directed to return the original documents produced along with interlocutory applications and also certified copy of the judgment to the appellant on retaining the photocopy of the same.
Sd/-
JUDGE Sd/-
JUDGE MSR List No.: 1 Sl No.: 18 CT;BN