Smt. Paravva W/O. Mallappa Kambar vs Smt. Suvarnavva W/O. Gurrangouda ...
2022 Latest Caselaw 11525 Kant

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                                                                  MFA No. 101372/2022


                                  IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                      DATED THIS THE 24TH DAY OF AUGUST, 2022

                                                       BEFORE

                                        THE HON'BLE MR. JUSTICE H.P.SANDESH

                                  MISCELLANEOUS FIRST APPEAL NO.101372/2022 (CPC)

                             BETWEEN:

                             1.   SMT. PARAVVA,
                                  W/O. MALLAPPA KAMBAR,
                                  AGE 62 YEARS,
                                  OCC: HOUSEWIFE,
                                  R/O. GOKUL VILLAGE, HUBBALLI.
                                  AT PRESENT MADHAV NAGAR,
                                  HUBBALLI-20.

                             2.   SRI NINGAPPA,
                                  S/O. MALLAPPA KAMBAR,
                                  AGE 31 YEARS,
                                  OCC: AGRICULTURE,
                                  R/O. GOKUL VILLAGE, HUBBALLI.
                                  AT PRESENT MADHAV NAGAR,
                                  HUBBALLI-20.

          Digitally signed
                             3.   SRI NAGAPPA,
          by J MAMATHA
J         Location:
                                  S/O. MALLAPPA KAMBAR,
MAMATHA   Dharwad
          Date: 2022.08.25        AGE 32 YEARS,
          10:24:31 +0530
                                  OCC: AGRICULTURE,
                                  R/O. GOKUL VILLAGE, HUBBALLI.
                                  AT PRESENT MADHAV NAGAR,
                                  HUBBALLI-20.

                             4.   SMT. SHOBHA,
                                  W/O. SANTOSH AKKI,
                                  AGE 34 YEARS,
                                  OCC: HOUSEWIFE,
                                  R/O. GOKUL VILLAGE, HUBBALLI.
                                  AT PRESENT MADHAV NAGAR,
                                  HUBBALLI-20.
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                                     MFA No. 101372/2022


5.   SMT. SATYAVVA,
     W/O. KENCHEPPA KAMBAR,
     AGE 62 YEARS,
     OCC: HOUSEWIFE,
     R/O. GOKUL VILLAGE, HUBBALLI.
     AT PRESENT MURAKATTI VILLAGE,
     TQ. AND DIST. DHARWAD.

6.   SRI MANJUNATH,
     S/O. KENCHAPPA KAMBAR,
     AGE 41 YEARS,
     OCC: AGRICULTURE,
     R/O. GOKUL VILLAGE, HUBBALLI.
     AT PRESENT MURAKATTI VILLAGE,
     TQ. AND DIST. DHARWAD.

7.   SRI MAHADEVAPPA,
     S/O. NINGAPPA KUMBAR,
     AGE. 60 YEARS,
     OCC: AGRICULTURE,
     R/O. GOKUL VILLAGE, HUBBALLI.
     AT PRESENT MADHAV NAGAR,
     HUBBALLI-20.
                                             ...APPELLANTS

         (BY SRI VINOD SHANKAR PAWAR, ADVOCATE)

AND:

1.   SMT. SUVARNAVVA,
     W/O. GURRANGOUDA PATIL,
     AGE. 58 YEARS,
     OCC: HOUSEWIFE,
     R/O. TANDUR VILLAGE,
     TQ. AND DIST. HAVERI.

2.   SRI VEERAPPA @ VEERESH,
     S/O. BADRAPPA BELAGOLI,
     AGE. 65 YEARS,
     OCC. AGRICULTURE,
     R/O. VIDYANAGAR, HUBBALLI.
                                           ...RESPONDENTS

       (BY SRI S.G. KADADAKATTI, ADVOCATE FOR C/R2)
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                                           MFA No. 101372/2022


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CODE OF CIVIL PROCEDURE, PRAYING TO PASS AN ORDER
SETTING ASIDE THE IMPUGNED ORDER PASSED ON I.A.NO.1
VIDE ANNEXURE-G IN R.A.NO.68/2020 DATED 15.11.2021
PASSED BY II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, HUBBALLI TO MEET THE ENDS OF
JUSTICE.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING.

                        JUDGMENT

The learned counsel for the appellants has filed a memo

seeking permission of this Court to withdraw the appeal with

liberty to file the same before the jurisdictional Court.

2. In view of the memo, the appeal is dismissed as

withdrawn with liberty as sought.

3. The office is directed to return the certified copy of

the impugned order after taking the photocopy copy.

(Sd/-) JUDGE

MD