Citation : 2022 Latest Caselaw 3856 Kant
Judgement Date : 7 March, 2022
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 7 t h DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE RAVI V.HOSMANI
R.S.A. No.5212/2011
c/w.
R.S.A.No.5213/2011 (PERNT- IJ)
BETWEEN
1. Shri Shantilal S/o. Venmal Porwal,
Age: 48 years, Occ: Business,
R/o. CTS No.3349, Gondhali Galli,
Belgaum - 590002.
Shri. Kantilal S/o. Vinmal Prowal,
Age: 63 years, Occ: Business,
R/o: CTS No.3349, Gondhali Galli,
Belgaum-590002.
...Appellants
(By Sri. Sangram S. Kulkarni, Advocate)
AND
1. Shri Abhay S/o. Bhalchandra Khot,
Age: 68 years; Occ: Advocate;
R/o. CTS no.3350, Gondhali Galli,
Belgaum-590002.
2. Smt. Sushila D/o. Venmal Porwal,
Age:...years, Occ: Household work:
R/o.: CTS No.3349, Gondhali Galli,
Belgaum -590002.
3. Smt. Manj u D/o. Venmal Porwal,
Age:... years; Occ: Household work;
R/o.: CTS No.3349, Gondhali Galli,
Belgaum-590002.
2
Shri Shrikanth S/o. Kashinath
Murkumbi
Since deceased by his L.R.'s
4. Smt. Pushpa W/o. Shrikanth
Murkumbi,
Age: 71 years; Occ: Household work;
R/o: Chougulewadi, Mandoli Road,
Belgaum-590006.
5. Shri Sunil S/o. Shrikanth Murkumbi
Age: 49 years; Occ:
R/o. Chougulewadi, Mandoli Road,
Belgaum-590006.
....Respondents
(By Sri. Shreevatsa S. Hegde, Advocate for R1(a) Since R1(A)
is GPA Holder of R1(c); R1(b) ack. Not yet received; R2 & R3
notice dispensed with; R4 & R5 Served.)
This RSA is filed under section 100 of CPC r/w Order XLII
Rule 1 of CPC against the judgment and decree dated
09.02.2011 passed in R.A.No.4/2008 on the file of III
Additional Civil Judge (Sr.Dn.) Belgaum at Belgaum dismissing
the appeal filed against the judgment dated 30.11.2007 and
the decree passed in O.S.No.225/2004 on the file of the I
Addl. Civil Judge (Jr.Dn.) Belgaum at Belgaum decreeing the
suit filed for permanent injunction.
BETWEEN
1. Shri Shantilal S/o. Venmal Porwal,
Age: 48 years, Occ: Business,
R/o. CTS No.3349, Gondhali Galli,
Belgaum - 590002.
Shri. Kantilal S/o. Vinmal Prowal,
Age: 63 years, Occ: Business,
R/o: CTS No.3349, Gondhali Galli,
Belgaum-590002.
...Appellants
(By Sri. Sangram S. Kulkarni, Advocate)
3
AND
1. Shri Abhay S/o. Bhalchandra Khot,
Age: 68 years; Occ: Advocate;
R/o. CTS no.3350, Gondhali Galli,
Belgaum-590002.
Shri V.C. Porwal,
Since deceased by his L.R.'s
20. Smt. Sushila D/o. Venmal Porwal,
Age:...years, Occ: Household work:
R/o.: CTS No.3349, Gondhali Galli,
Belgaum -590002.
3. Smt. Manj u D/o. Venmal Porwal,
Age:... years; Occ: Household work;
R/o.: CTS No.3349, Gondhali Galli,
Belgaum-590002.
Shri Shrikanth S/o. Kashinath
Murkumbi
Since deceased by his L.R.'s
4. Smt. Pushpa W/o. Shrikanth
Murkumbi,
Age: 71 years; Occ: Household work;
R/o: Chougulewadi, Mandoli Road,
Belgaum-590006.
5. Shri Sunil S/o. Shrikanth Murkumbi
Age: 49 years; Occ:
R/o. Chougulewadi, Mandoli Road,
Belgaum-590006.
....Respondents
(By Sri. Shreevatsa S. Hegde, Advocate for R1(a) is GPA
Holder of R1(c); R1(b) ack. Not yet received; R2 & R3 notice
dispensed with; R4 & R5 Served.)
This RSA is filed under section 100 of CPC r/w Order XLII
Rule 1 of CPC against the judgment and decree dated
09.02.2011 passed in R.A.No.5/2008 on the file of III
Additional Civil Judge (Sr.Dn.) Belgaum at Belgaum dismissing
the appeal filed against the judgment dated 30.11.2007 and
4
the decree passed in O.S.No.139/1997 on the file of the I
Addl. Civil Judge (Jr.Dn.) Belgaum at Belgaum decreeing the
suit filed for permanent injunction.
These RSAs coming on for or ders this day, the court,
delivered the following:
JUDGMENT
Learned counsel for appellants Sri. Sangram S.
Kulkarni has filed a memo for withdrawal of appeals.
Taking memo on record, appeals are dismissed as
withdrawn.
In view of withdrawal of main appeals, all pending
I.A.s, do not survive for consideration.
SD/-
JUDGE
BVK
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