M/S.Nirani Sugars Limited, ... vs Smt.Shantabai W/O Pralhad ...
2022 Latest Caselaw 3941 Kant

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             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

          DATED THIS THE 8th DAY OF MARCH 2022

                         PRESENT

       THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

                           AND

       THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

           REGULAR FIRST APPEAL No.100215/2020

BETWEEN:

M/S.NIRANI SUGARS LIMITED, MUDHOL,
REP BY ITS DIRECTOR,
SMT. KAMALA W/O MURUGESH NIRANI
AGED ABOUT: 50 YEARS,
R/AT: MUDHOL, DIST: BAGALKOT
                                         .. APPELLANT
(BY SRI. MRUTYUNJAY TATA BANGI, ADV.)


AND:

1 . SMT.SHANTABAI W/O PRALHAD SHINDHE
AGED ABOUT:54 YEARS,OCC: AGRICULTURE,

2 . SMT. ANNAPURNA W/O CHETAN MANE
AGED ABOUT:26 YEARS, OCC: HOUSEHOLD,

3 . SRI. KRISHNA
CLAIMING AS S/O PRALHAD SHINDHE
AGED ABOUT:24 YEARS, OCC: AGRICULTURE,

4 . KUMAR GOPAL
CLAMING AS S/O. PRALHAD SHINDHE
AGED ABOUT:19 YEARS, OCC: STUDENT,

AL ARE R/AT NEAR RANNA CIRCLE,
MUDHOL, DIST: BAGALKOTE-587313
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5 . SMT. SHAKUNTALA W/O PRALHAD SHINDHE
AGED ABOUT:57 YEARS, OCC: HOUSEHOLD,
R/AT: SHIVAJI CIRCLE, MUDHOL,
DIST: BAGALKOTE. 587 313

6 . SMT. MANJULA
W/O ANAND SHINDHE @ SHEGADE
AGED ABOUT:40 YEARS, OCC: HOUSEHOLD,
R/AT: HARGAPURSAD, TQ: HUKKERI,
DSIT: BELAGAVI

7 . SMT. SAVITRI W/O SURESH SHINDHE
AGED ABOUT:39 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
R/AT: MUDHOL, DIST: BAGALKOTE

8 . KUMAR MANJUNATH S/O SURESH SHINDHE
AGED ABOUT:20 YEARS, OCC: STUDENT,

9 . KUMARI. SUSHMITA D/O SURESH SHINDHE
AGED ABOUT:17 1/2 YEARS, OCC: STUDENT,

10 . KUMARI PREMA D/O SURESH SHINDHE
AGED ABOUT:17 YEARS, OCC: STUDENT,

11. KUMARI HEMA, D/O SURESH SHINDHE
AGED ABOUT 16 YRS., OCC: STUDENT

RESPONDENTS 9 AND 11 ARE MINORS
REPRESENTED BY THEIR NATURAL GUARDIAN
AND MOTHER SMT. SAVITRI W/O SURESH SHINDHE
ALL R/AT MUDHO, DIST. BAGALKOTE, 587 313

RESPONDENTS 8 NOT COMPLETED 18 YEARS AND HENCE
IS REPRESENTED BY THE MINOR GUARDIAN.
                                         .. RESPONDENTS
(BY SRI. S.B. HEBBALLI, ADV. FOR R1 TO R4.
R5 AND R6 ARE SEVED.
R9 TO R11 ARE MINORS REP. BY R7
R7 AND R8 ADDRESSEE LEFT.)

     THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER 41
RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
DTD:01.04.2017 PASSED IN O.S.NO.85/2014 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
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FIRST CLASS, MUDHOL, PARTLY DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.

      THIS   APPEAL   COMING   ON   FOR   ORDERS,     THIS   DAY,
H.T.NARENDRA PRASAD, J., MADE THE FOLLOWING:

                            ORDER

Learned counsel for the appellant has filed a memo

seeking leave of this Court to withdraw the appeal.

The memo is taken on record.

Accordingly, the appeal is dismissed as withdrawn.

In view of withdrawal of the main appeal, I.As.1/2020

to 3/2020 do not survive.

Sd/-

JUDGE

Sd/-

JUDGE

kmv