Smt.Laxmi W/O. Parappa Balagar vs Kumar Rachappa @ Naik
2022 Latest Caselaw 10748 Kant

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                                                           MFA No. 103944 of 2019


                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 13TH DAY OF JULY, 2022

                                                PRESENT
                               THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
                                                  AND
                                THE HON'BLE MR JUSTICE P.KRISHNA BHAT
                      MISCELLANEOUS FIRST APPEAL NO. 103944 OF 2019 (GW)
                      BETWEEN:
                      SMT.LAXMI W/O. PARAPPA BALAGAR
                      AGE : 56 YEARS,
                      OCC : HOUSEWIFE & AGRICULTURE,
                      R/O : MAHALINGAPUR, TQ : MUDHOL,
                      DIST : BAGALKOT-587103.
                                                                       ...APPELLANT
                      (BY SRI. JAGADISH PATIL, ADV., & SMT. NIRMALA B. G., ADV.,)
                      AND:
                      1.    KUMAR RACHAPPA @ NAIK
                            S/O. BASAVARAJ BALAGAR,
                            AGE : 9 YEARS, OCC : STUDENT,
                            REPRESENTED BY THE GRANDFATHER
                            RESP NO. 2, SHIVAPPA MAHALINGAPPA SHIROL

                      2.    SHIVAPPA S/O. MAHALINGAPPA SHIROL
                            AGE : 50 YEARS, OCC : AGRICULTURE,
Digitally signed by
SUJATA SUBHASH
                            R/O : MAHALINGAPUR,
PAMMAR
Location: HIGH
COURT OF
                            TQ : MUDHOL, DIST : BAGALKOT-587103
KARNATAKA,
DHARWAD



                      3.    THE STATE OF KARNATAKA
                            REPRESENTED BY
                            DEPUTY COMMISSIONER,
                            DISTRICT ADMINISTRATION OFFICE,
                            NAVANAGAR, BAGALKOT-587103
                                                                    ...RESPONDENTS
                      (BY SRI. SHRIHARSH A NEELOPANT, ADV., FOR R2;
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                                           MFA No. 103944 of 2019


R2- MINOR R/BY R2; R3- NOTICE SERVED)

        THIS MFA IS FILED U/S.47 OF GUARDIANS AND WARDS
ACT,     1890,    SEEKING    TO      SET    ASIDE    THE     ORDER
DATED:01.04.2015 IN G&W NO.7/2014 PASSED BY THE SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL.

        THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
KRISHNA S. DIXIT, J., DELIVERED THE FOLLOWING.

                            JUDGMENT

Both the sides having been vociferously argued the

matter at length are now in gracious agreement with the

suggestion of this Court that the matter be remanded to the

Court below for consideration afresh with effective

participation of the parties, in a time bond manner, keeping

open all the contentions.

In the above circumstances, this appeal succeeds; the

impugned order dated 01.04.2015 made by the learned

Senior Civil Judge, Mudhol in G&WC No.7/2014 is set-aside.

The matter is remanded to the Court below for

consideration afresh and to dispose off the same within an

MFA No. 103944 of 2019

outer limit of four months, the disposal of the case shall be

being reported to the Registry of this Court.

The parties are directed to appear before the Court

below on 01.08.2022 at 11.00 a.m., without further notice

from the Court below.

All contentions are kept open.

Sd/-

JUDGE

Sd/-

JUDGE

YAN