Smt.Modinbhi W/O Fakrusab ... vs Smt.Ningarsultana
2022 Latest Caselaw 2562 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 16th DAY OF FEBRUARY, 2022

                      PRESENT

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

                        AND

        THE HON'BLE MR. JUSTICE S. RACHAIAH

             R.F.A.CROB. NO.100005/2018
                          In
                R.F.A. NO.100406/2017


BETWEEN

SMT.MODINBHI W/O FAKRUSAB TAHASILDAR,
SINCE DECEASED BY HER L.R.
SMT.JAINUBI D/O ALLABAKSHA TAHASILDR
@ LATEMMANAVAR,
AGE:64 YEARS,
OCC:HOUSEHOLD AND AGRICULTURE,
R/O.NARENDRA VILLAGE, TQ. DHARWAD
                                  ...CROSS OBJECTOR
(BY SRI AVINASH BANAKAR, ADV.)


AND

1.    SMT.NINGARSULTANA
      W/O YUSUFKHAN BALLARY,
      AGE: 45 YEARS,
      OCC:HOUSEHOLD AND AGRICULTURE,
      R/O.TABEEB LAND, HUBBALLI.
                                R.F.A.CROB.No.100005/2018

                           2


2.     SRI CHANNABASAPPA
       S/O GURAPPA KARDANNAVAR,
       AGE:59 YEARS, OCC:AGRICULTURE,
       R/O.KERI ONI, SATTUR VILLAGE,
       TQ.DHARWAD.

3.     SMT. MAHADEVI
       W/O CHANNABASAPPA KARDANNAVAR,
       AGE:59 YEARS, OCC:HOUSEHOLD,
       R/O.KERI ONI, SATTUR VILLAGE,
       TQ.DHARWAD.

4.     SRI VIRUPAXAPPA S/O BASAPPA MUTTAGI,
       AGE:74 YEARS, OCC:AGRICULTURE,
       R/O.CHAVADI ONI, SATTUR VILLAGE,
       TQ.DHARWAD.
                                        ...RESPONDENTS

                           ---

       THIS RFA.CROB IN RFA NO.100406/2017 FILED UNDER
ORDER 41 RULE 22(1) OF CPC, AGAINST THE JUDGMENT
AND      DECREE    DATED       03.07.2017    PASSED        IN
O.S.NO.300/2015 ON THE FILE OF THE III ADDITIONAL
SENIOR CIVIL JUDGE, HUBBALLI, PARTLY DECREEING THE
SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT
AND MANDATORY INJUNCTION.


       THIS RFA.CROB COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS
DAY,    Dr.H.B.PRABHAKARA SASTRY J., MADE THE
FOLLOWING:
                                   R.F.A.CROB.No.100005/2018

                              3


                           ORDER

Learned counsel for the cross-objector is physically

present. He has filed a memo dated 31.1.2022 not pressing

the RFA Cross Objection.

2. Heard on the memo.

In view of the memo and supporting submission, RFA

Cross Objection stands dismissed as not pressed.

Consequently, RFA Cross Objection stands delinked

from the connected appeal.

Sd/-

JUDGE

Sd/-

JUDGE

Bss