Karnataka High Court
Annasaheb vs Appasaheb And Ors on 21 March, 2022
Bench: K.Somashekar, Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF MARCH 2022
PRESENT
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CIVIL PETITION No.200042/2019
Between:
Annasaheb S/o Sanganagouda Biradar
Since Deceased by LRs:
1A. Laxmibai W/o Annasaheb Biradar
Age: 74 years, Occ: Household
R/o: At Post Bableshwar, Saleoni
Tq: Bableshwar, Dist: Vijayapur-586 113
1B. Kamala W/o Basavaraj Medli
Age: 54 years, Occ: Household
R/o: At Post Bableshwar, Saleoni
Tq: Bableshwar, Dist: Vijayapur-586 113
1C. Geeta W/o Bapuraya Yadwad
Age: 53 years, Occ: Household
R/o: At Post Bableshwar, Saleoni
Tq: Bableshwar, Dist: Vijayapur-586 113
1D. Babugouda S/o Annasaheb Biradar
Age: 52 years, Occ: Agriculture
R/o: At Post Bableshwar, Saleoni
Tq: Bableshwar, Dist: Vijayapur-586 113
2
1E. Prakashgouda S/o Annasaheb Biradar
Age: 50 years, Occ: Agriculture
R/o: At Post Bableshwar, Saleoni
Tq: Bableshwar, Dist: Vijayapur-586 113
1F. Rameshgouda S/o Annasaheb Biradar
Age: 49 years, Occ: Agriculture
R/o: At Post Bableshwar, Saleoni
Tq: Bableshwar, Dist: Vijayapur-586 113
... Petitioners
(By Sri D. P. Ambekar, Advocate)
And:
1. Appasaheb S/o Sanganagouda Biradar
Since Deceased by LRs:
1A. Suanandabai W/o Appasaheb Biradar
Age: 75 years, Occ: Household work
R/o: Plot No.50, Asha Kiran
Kalika Nagar, near Anjanay Temple
Ashram Road, Vijayapur-586 101
1B. Kasturibai D/o Appasaheb Biradar
Age: 57 years, Occ: Household work
R/o: Plot No.50, Asha Kiran
Kalika Nagar, near Anjanay Temple
Ashram Road, Vijayapur-586 101
1C. Basabnagouda S/o Appasaheb Biradar
Age: 55 years,
R/o: No.4, Ist Floor, 2nd Street
NGR Layout, Behind Bharat Gas Godown
Roopen Agraha, Near Silk Board
Banglore-560068
3
1D. Babanna S/o Appasaheb Biradar
Age: 52 years, Occ: Not Known
R/o: Plot No.50, Asha Kiran
Kalika Nagar, near Anjanay Temple
Ashram Road, Vijayapur-586 101
1E. Mahadev S/o Appasaheb Biradar
Age: 50 years, Occ: Not Known
R/o: Plot No.50, Asha Kiran
Kalika Nagar, near Anjanay Temple
Ashram Road, Vijayapur-586 101
2. Shivanagouda S/o Sanganagouda Biradar
Since Deceased by LRs:
2A. Kashibai W/o Shivanagouda Biradar
Age: 70 years, Occ: Household work
R/o: At Post Bableshwar, Saleoni
Tq: Bableshwar, Dist: Vijayapur-586 113
2B. Geeta W/o Bapu Yadwad
Age: 45 years, Occ: Household work
R/o: At Post Managoli, Goudar Oni
Tq:Basavan Bagewadi, Dist. Vijayapur
2C. Neelambika W/o Rausaheb Shabadi
Age:43 years, Occ: Household
R/o: Near Darga Jail, Vijayapur
2D. Mallanagouda S/o Shivanagouda Biradar
Age: 40 years, Occ: Agriculture
R/o: Bableshwar, Sal Oni
Tq: Bableshwar, Dist: Vijayapur-586 113
2E. Sulochana D/o Shivanagouda Biradar
Age:37 years, Occ: Govt. Primary School Teacher
R/o: Govt. Primary School, Kolar
Tq: Basavan Bagewadi, Dist: Vijayapur
4
2F. Bharathi D/o Shivanagouda Biradar
Age:34 years, Occ: Primary School Teacher
R/o: Govt. Primary School, Wadawadagi
Tq: Basavan Bagewadi, Dist: Vijayapur
... Respondents
(Sri Ganesh S. Kalaburagi, Advocate for R2(A) to (F);
R1(A) to (E) are served)
This Civl Petition is filed under Section 24 of CPC,
praying to allow this petition and transfer the case bearing
RA No.174/2018 pending on the file of III Addl. District
Judge, Vijayapur to this Hon'ble Court to be heard along
with RFA No.200061/2016.
This petition coming on for Orders this day, Anant
Ramanath Hegde J., made the following:
ORDER
Heard learned counsel for petitioner Nos.1(a) to (f)
and learned counsel appearing for respondent Nos.2(a)
to (f). The legal representatives of deceased respondent
No.1 namely, respondent Nos.1(a) to (e) are served and
are unrepresented.
2. This petition is filed invoking Section 24 of
Code of Civil Procedure, wherein the petitioners prayed
to transfer regular appeal No.174/2018 pending on the
file of III Additional District Judge, Vijayapur to this
Court. It is the contention of the petitioners that RFA
No.200061/2016 is pending before this Court and said
RFA is arising out of the judgment and decree rendered
in O.S.No.84/2013 on the file of III Additional Senior
Civil Judge and JMFC, Vijayapur. It is also the
contention of the petitioners, that original petitioner
namely Sri Annasaheb is the appellant in RFA
No.200061/2018 and he has also filed RA No.174/2018
before the III Additional District Judge, Vijayapur
challenging the judgment and decree rendered in
counter claim filed in O.S.No.84/2013.
3. From the contents of the petition and also
from the submission made at the bar, it is apparent that
both these appeals are arising out of the same judgment
and decree dated 25.04.2016 rendered in
O.S.No.84/2013 on the file of III Additional Senior Civil
Judge and JMFC, Vijayapur.
4. Such being the fact, it is prudent that both
the appeals are to be heard by the same Court to avoid
conflicting opinion. Under the circumstance, this Court
is of the opinion that RA No.174/2018 pending on the
file of III Additional District Judge, Vijayapur has to be
withdrawn from the said Court and has to be
transferred to this Court and is to be heard along with
RFA No.200061/2016.
5. The registry is directed to club RFA
No.200061/2016 with RA No.174/2018 by assigning
new number to R.A.No.174/2018 and list both the
cases in usual course. Accordingly, the Civil Petition is
disposed of.
SD/-
JUDGE
SD/-
JUDGE
RSP
