Shri.Guru @ Gururaj S/O Rachappa ... vs Smt.Nalini W/O Suresh Ambali
2023 Latest Caselaw 5443 Kant

                                                        -1-
                                                           NC: 2023:KHC-D:8608-DB
                                                                RFA No. 100258 of 2020




                                      IN THE HIGH COURT OF KARNATAKA,
                                               DHARWAD BENCH

                                  DATED THIS THE 9TH DAY OF AUGUST, 2023

                                                    PRESENT

                            THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                                  AND
                            THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

                            REGULAR FIRST APPEAL NO.100258/2020 (PAR/POS)

                           BETWEEN:

                           SHRI. GURU @ GURURAJ
                           S/O. RACHAPPA BIJAPUR,
                           AGE: 61 YEARS, OCC: BUSINESS,
                           R/O: DESHAPANDE NAGAR,
                           HUBBALLI, PIN-580020,
                           TQ: HUBBALLI, DIST: DHARWAD.
                                                                             ...APPELLANT
          Digitally
          signed by
          SAMREEN
          AYUB
                           (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)
          DESHNUR
SAMREEN   Location: High
AYUB      Court of
DESHNUR   Karnataka,
          Dharwad
          Date:
          2023.08.14
          10:55:23
                           AND:
          +0530




                           1.   SMT. NALINI W/O. SURESH AMBALI
                                AGED ABOUT: 64 YEARS, OCC: HOUSEHOLD,
                                R/O: VIJAYAPURA, TQ & DIST: VIJAYAPURA.

                           2.   SHRI. ISHANNA S/O. RACHAPPA BIJAPUR,
                                AGED ABOUT: 63 YEARS, OCC: BUSINESS,
                                R/O: DESHPANDE NAGAR,
                                HUBBALLI, PIN-580020,
                                TQ: HUBBALLI, DIST: DHARWAD.

                           3.   SHRI. MALLIKARJUN S/O. RACHAPPA BIJAPUR,
                                AGED ABOUT: 60 YEARS, OCC: BUSINESS,
                                R/O: DESHPANDE NAGAR,
                                HUBBALLI, PIN-580020,
                                TQ: HUBBALLI, DIST: DHARWAD.
                                                                           ...RESPONDENTS

                           (BY SRI. PRAKASH A. ANDANIMATH, ADV. FOR R2,
                           SMT. ARCHANA A. MAGADUM, ADV. FOR 3, R1 - SERVED)
                                -2-
                                 NC: 2023:KHC-D:8608-DB
                                       RFA No. 100258 of 2020




     THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DTD.31.08.2016 PASSED IN O.S.NO.173/
2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE,
HUBBALLI, DECREEING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS                 DAY,
SREENIVAS HARISH KUMAR J., PASSED THE FOLLOWING:

                              ORDER

Shri. A.S. Patil, learned counsel has filed memo seeking

permission to retire from the case. Since Shri. Mrutyunjay Tata

Bangi has filed vakalth for the appellant, Shri. A.S. Patil is

permitted to retire. His name be deleted from the cause list.

2. Heard on I.A.No.1/2022. There is a delay of 1302

days in filing the appeal. We do not find any sufficient reason

for the delay in filing the appeal. It is also submitted by Shri.

Mrutyunjay Tata Bangi, learned counsel that share allotted to

the appellant/defendant no.2 is proper and correct.

3. In view of his submission, I.A.No.1/2022 does not

survive and it is dismissed. Consequently, the appeal is also

dismissed. No order as to costs.

Sd/-

JUDGE

Sd/-

JUDGE