Manaji vs Laxmibai And Ors
2021 Latest Caselaw 3133 Kant

          IN THE HIGH COURT OF KARNATAKA
                    KALABURAGI BENCH

     DATED THIS THE 10TH DAY OF AUGUST, 2021

                           BEFORE

THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

       REGULAR FIRST APPEAL No.200089/2018

BETWEEN:

MANAJI
S/O BABAJI DOBALE @ CHAVAN
AGE:60 YEARS, OCC: SERVICE
R/O SHIVAJI PETH, DOBLE GALLI ROAD
VIJAYAPURA.
                                              ... APPELLANT

(BY SRI B.K.HIREMATH, ADVOCATE)

AND:

1.     LAXMIBAI W/O NARASING JADHAV
       AGE:49 YEARS, OCC: HOUSEHOLD
       R/O SHANTI NAGAR, ATHALATTI ROAD
       TORVI, TQ. & DIST.VIJAYAPURA-586101.

2.     ANITA W/O RAJU
       @ RAJENDRA SURYAVANSHI
       AGE: 39 YEARS, OCC: HOUSEHOLD
       R/O GUMASTE COLONY, ASHRAM ROAD
       VIJAYAPURA-586101.

3.     GIRIJABAI W/O BABAJI DOBALE @ CHAVAN
       AGE:80 YEARS, OCC: HOUSEHOLD
       R/O SHANTI NAGAR, ATHALATTI ROAD
       TORVI, TQ. & DIST.VIJAYAPURA-586101.

4.     RENUKA W/O DATTA
       @ DATTATRAYA SURYAVANSHI
       AGE:44 YEARS, OCC: HOUSEHOLD
                                            RSA No.200089/2018
                             2




      R/O H.NO.34, GUMASTE COLONY
      ASHRAM ROAD
      VIJAYAPURA-586101.

5.    ANNAJI S/O BABAJI DOBALE @ CHANVAN
      AGE:52 YEARS, OCC: SERVICE
      R/O SHIVAJI PETH, DOBLE GALLI ROAD
      VIJAYAPURA-586101.

6.    PARASURAM @ PRAKASH
      S/O BABAJI DOBALE @ CHAVAN
      SINCE DECEASED BY LRS.

6A)   ANJU W/O PARASURAM @ PRAKASH CHAVAN
      AGE:45 YEARS, OCC: HOUSEHOLD

6B)   SAGAR S/O PARASURAM @ PRAKASH CHAVAN
      AGE:21 YEARS, OCC: PVT. WORK

6C)   SOUMYA D/O PARSURAM @ PRAKASH CHAVAN
      AGE:19 YEARS, OCC: HOUSEHOLD
      ALL R/O SHIVAJI PETH, DOBLE GALLI ROAD
      VIJAYAPURA-586101.

7.    KASHIBAI W/O ARJUN JADHAV
      AGE:64 YEARS, OCC: HOUSEHOLD
      R/O DIVATAGERI GALLI
      NEAR RAGHAVENDRA SWAMI MATH
      VIJAYAPURA-586101.

8.    MANJULA W/O MALLAPPA MUDHOL
      AGE:62 YEARS, OCC: HOUSEHOLD
      R/O HUNNUR, TQ.JAMKHANDI
      DIST.BAGALKOT-587101.

9.    GANGUBAI W/O MAHADEV DOBALE @ CHAVAN
      AGE:44 YEARS, OCC: HOUSEHOLD
      R/O DIVATAGERI GALLI
      NEAR RAGHAVENDRA SWAMI MATH
      VIJAYAPURA-586101.

10.   VISHWANATH S/O
      MAHADEV DOBALE @ CHAVAN
      AGE: 25 YEARS, OCC: STUDENT
      R/O DIVATAGERI GALLI
                                                RSA No.200089/2018
                                3




      NEAR RAGHAVENDRA SWAMI MATH
      VIJAYAPURA-586101.

11.   MANJU S/O MAHADEV DOBALE @ CHAVAN
      AGE: 23 YEARS, OCC: STUDENT
      R/O DIVATAGERI GALLI
      NEAR GAHAVENDRA SWAMI MATH
      VIJAYAPURA-586101
                                                    ... RESPONDENTS
(BY SRI D.P.AMBEKAR, ADVOCATE FOR R1 TO R4;
 R5, R6(A TO C), R7 TO R11 ARE SERVED)

      THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI
RULE 1 READ WITH SECTION 96 OF CPC, PRAYING TO SET ASIDE
THE IMPUGNED JUDGMENT AND DECREE PASSED BY PRINCIPAL
SENIOR CIVIL JUDGE AND CJM AT VIJAYAPURA IN O.S.NO.124/2014
ON DATED 12.04.2018 AND MATTER IS TO BE REMANDED FOR
GIVING AN OPPORTUNITY TO DEFENDANT NO.1/APPELLANT FOR
LEADING EVIDENCE.


      THIS   APPEAL   COMING        ON   FOR   ORDERS    THROUGH
PHYSICAL/VIDEO CONFERENCING HEARING, THIS DAY THE COURT
MADE THE FOLLOWING:
                            ORDER

Learned counsel for the appellant has filed a memo

seeking withdrawal of this appeal stating that the appeal lies

before the District Court, Vijayapura, however, by mistake the

appeal was filed before this Court. He has sought liberty to file

the appeal before the District Court, Vijayapura.

2. Learned counsel for the respondent Nos.1 to 4

submits his no objection to allow the memo.

RSA No.200089/2018

3. In view of the memo and supporting submission

from both sides, the appeal stands disposed of as withdrawn,

reserving liberty to file necessary appeal before the competent

Court within two weeks from today.

Sd/-

JUDGE

VNR