Karnataka High Court
Ashok Shivalingappa Gabbur vs Preeti W/O Kalabasappa Kapali on 3 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 03 R D DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
MFA No.100473 OF 2022 (CPC)
BETWEEN:
ASHOK SHIVALINGAPPA GABBUR
AGE: 59 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
... PETITIONER
(BY SRI. AVINASH S. MALIPATIL, ADV.)
AND:
1. PREETI W/O. KALABASAPPA KAPALI
AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
R/O: KIRASUR-587115,
TQ. AND DIST: BAGALKOTE.
2. SMT. RATNAVVA W/O. ASHOK GABBUR
AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
3. SMT. ANITA W/O. MALLIKARJUN @ KUMAR
ULLAGADDI,
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
R/O: BASAVAN BAGEWADI-586203,
TQ. BASAVAN BAGEWADI, DIST: VIJAYAPURA.
:2:
4. MAHANTESHWARI W/O. RAMESH GABBUR
AGE: 59 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
5. SHRISHAIL S/O. RAMESH GABBUR
AGE: 43 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
6. JYOTI W/O. BASAVARAJ NIDONI
AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
7. ANIL S/O. RAMESH GABBUR
AGE: 37 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
8. GURURAJ S/O. RAMESH GABBUR
AGE: 35 YEARS, OCC: STUDENT,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
9. SHIVANAND S/O. SHIVALINGAPPA GABBUR
AGE: 59 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
10. JAYASHREE W/O. DUNDESH PUJARI
AGE: 57 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
11. MANJULA W/O. SHIVANAND GABBUR
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
:3:
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
12. SUJATA W/O. SHARANU ANANDAPPANAVAR
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
13. VINOD S/O. SHRISAIL ULLAGADDI
AGE: 35 YEARS, OCC: PVT. JOB,
R/O: NIDAGUNDI - 586213,
TQ: MUDDEBIHAL, DIST: VIJAYAPURA.
... RESPONDENTS
THIS APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF THE
CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED
13.01.2022, PASSED IN O.S. NO.37/2017 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE, AND CHIEF JUDICIAL MAGISTRATE
AT BAGALKOT, PARTLY ALLOWING THE IA NO.5 FILED UNDER ORDER
39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
JUDGMENT
An order was passed on I.A. No.5 in O.S.No.37/2017
restraining the defendant No.1, 4A to 6 from alienating,
transferring and mortgaging the suit 'B' schedule item No. 2 to 7
and suit 'C' schedule item no. 1 and 2 was challenged in M.F.A.
No.100471/2022. The said appeal was dismissed.
2. In this appeal a similar order has been passed on I.A
No.8 in the very same suit i.e. O.S.No.37/2017 against
defendant No. 1, 4(A) to (E), 5 and 6 restraining them from
alienating, transferring, mortgaging the suit schedule 'B' item
No.8 and suit schedule 'C' item No.30 properties.
3. Since a similar order in respect of other items has
already been confirmed in MFA No.100471/2022, this appeal is
also dismissed.
4. It is hereby made clear that any observation made in
this order shall not be construed as rendering opinion on the
merits of the case.
Sd/-
JUDGE
SMM
