Shri Ravikumar Mallikarjun ... vs Shri Rajkumar Shivashankar ...
2022 Latest Caselaw 12011 Kant

                            -1-




                                  RFA No. 100449 of 2022




IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

     DATED THIS THE 22ND DAY OF SEPTEMBER, 2022

                         BEFORE
         THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR FIRST APPEAL NO. 100449 OF 2022 (PAR/POS-)

BETWEEN:


1.   SHRI RAVIKUMAR MALLIKARJUN RACHANNAVAR
     AGE 58 YEARS, OCC. SERVICE,
     R/O. KARADIGUDDI VILLAGE,
     TQ AND DIST BELAGAVI,
     PIN CODE-591103

2.   SHRI IRANGOUDA MALLIKARJUN RACHANNAVAR
     AGE 56 YEARS, OCC. AGRICULTURE
     R/O. KARADIGUDDI VILLAGE,
     TQ AND DIST BELAGAVI,
     PIN CODE-591103

3.   SHRI. RAJANGOUDA MALLIKARJUN RACHANNAVAR
     AGE 51 YEARS, OCC. AGRICULTURE
     R/O. KARADIGUDDI VILLAGE,
     TQ AND DIST BELAGAVI,
     PIN CODE-591103

4.   SHRI. BASANGOUDA MALLIKARJU RACHANNAVAR
     AGE 48 YEARS, OCC. PRIVATE SERVICE
     R/O. KARADIGUDDI VILLAGE,
     TQ AND DIST BELAGAVI,
     PIN CODE-591103



                                              ...APPELLANTS
(BY SRI. SANJAY S KATAGERI, ADVOCATE)

AND:
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                                   RFA No. 100449 of 2022

1.   SHRI RAJKUMAR SHIVASHANKAR RACHANNAVAR
     AGE 48 YEARS, OCC. PRIVATE SERVICE,
     R/O. CTS NO. 7424,
     KANBARGI ROAD,
     MALMARUTI EXTENSION, BELAGAVI,
     PIN CODE-5900017

2.   SHRI SOMASHEKHAR SHIVASHANKAR, RACHANNAVAR
     AGE 41 YEARS, OCC. SERVICE,
     R/O. CTS NO. 7424, KANBARGI ROAD,
     MALMARUTI EXTENSION, BELAGAVI,
     PIN CODE-5900017



                                             ...RESPONDENTS

      THIS RFA IS FILED SEEKING THAT THE IMPUGNED JUDGMENT
AND DECREE DATED 31.03.2021 PASSED IN R.A.NO.67/2019
PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND CHIEF
MAGISTRATE, BELAGAVI, IN DISMISSING THE SAID REGULAR
APPEAL AND THEREBY CONFIRMING THE JUDGMENT AND DECREE
DATED 01.03.2019 PASSED IN O.S.NO.782/1996 BY THE V ADDL.
CIVIL JUDGE AND JMFC COURT, BELAGVI, WITH COSTS BE SET
ASIDE BY ALLOWING THIS APPEAL AND THEREBY DECREEING THE
SAID SUIT IN O.S.NO.782/1996.
     THIS APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT
PASSED THE FOLLOWING:


                       JUDGMENT

Learned counsel appearing for the appellant has filed

memo to convert the present appeal as Regular Second

Appeal, instead of Regular First Appeal and only the

mistake crept is in the Synopsis and as well as in the index

form and hence, permitted to convert the present appeal

as Regular Second Appeal, as sought in the memo.

RFA No. 100449 of 2022

For statistical purpose, the regular first appeal is

disposed of.

Sd/-

JUDGE

SVH