Shri.Yallari S/O Dhakappa ... vs Smt.Saraswati W/O Appanna Kadam
2022 Latest Caselaw 1003 Kant

                IN THE HIGH COURT OF KARNATAKA
                        DHARWAD BENCH

            DATED THIS THE 21ST DAY OF JANUARY 2022

                            BEFORE

       THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                      MSA.NO.100134/2017
BETWEEN

SHRI.YALLARI S/O DHAKAPPA (DHAKO) KADAM
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: GANGAWALI-591302,
TALUKA: KHANAPUR, DIST: BELAGAVI.

                                                 ... APPELLANT

(BY SRI.VENKATESH M.KHARVI, ADV.)

AND

1.    SMT.SARASWATI W/O APPANNA KADAM
      AGE: 58 YEARS,
      OCC: AGRICULTURE and HOUSEHOLD,
      R/O: SINGARGAON-581186,
      TALUKA: JOIDA,
      DIST: KARWAR (U.K)

2.    SHRI.RAJU S/O APPANNA KADAM
      AGE: 32 YEARS,
      OCC: AGRICULTURE and MASON,
      R/O: SINGARGAON-581186,
      TALUKA: JOIDA, DIST: KARWAR (U.K)

3.    SMT.JANAKUBAI
      W/O GANAPATI THOMBARE,
      AGE: 63 YEARS,
      OCC: AGRICULTURE and HOUSEHOLD,
      R/O: RAMAGURWADI-591302,
      TALUKA: KHANAPUR,
      DIST: BELAGAVI.
                              2




4.   SMT.LAXMI W/O SATERI KALYANI
     AGE: 78 YEARS,
     OCC: AGRICULTURE and HOUSEHOLD,
     R/O: HEBBAL-591120,
     TALUKA: KHANAPUR,
     DIST: BELAGAVI.

5.   SHRI.SHIVAJI S/O LAXMAN KADAM
     AGE: 28 YEARS,
     OCC: AGRICULTURE,
     R/O: GANGAWALI-591302,
     TALUKA: KHANAPUR,
     DIST: BELAGAVI.
6.   SHRI.DHAKAPPA (DHAKO) LAXMAN KADAM
     AGE: 28 YEARS,
     OCC: AGRICULTURE,
     R/O: GANGAWALI-591302,
     TALUKA: KHANAPUR,
     DIST: BELAGAVI.

7.   SMT.CHANDRABAI W/O LAXMAN KADAM
     AGE: 58 YEARS,
     OCC: AGRICULTURE and HOUSEHOLD,
     R/O: GANGAWALI-591302,
     TALUKA: KHANAPUR, DIST: BELAGAVI.

                                             ... RESPONDENTS
(R3 TO R7 SERVED: R1 & R2 HELD SUFFICIENT)

     THIS APPEAL IS FILED UNDER U/SEC.43 RULE 1(u) READ WITH
SECTION 104 OF CPC., 1908, AGAINST THE JUDGEMENT AND
DECREE DTD:19.08.2017 PASSED IN R.A.NO.32/2014 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS, KHANAPUR, ALLOWING THE APPEAL FILED AGAINST THE
JUDGEMENT     AND    DECREE   DTD:25.02.2014    PASSED    IN
O.S.NO.138/2009, ON THE FILE OF THE ADDITIONAL CIVIL JUDGE
AND JUDICIAL MAGISTRATE FIRST CLASS, KHANAPUR, DISMISSING
THE SUIT FILED FOR DECLARATION AND CONSEQUENTIAL RELIEF OF
PERMANENT INJUNCTION.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
                                3




                           JUDGMENT

Learned counsel for the appellant submits that the

present Miscellaneous Second Appeal is filed questioning

the remand order. However, after remand, he has

instructions that suit is dismissed for non-prosecution.

His submission is taken on record.

The Miscellaneous Second Appeal is dismissed as

having become infructuous.

Sd/-

JUDGE MBS/-