Gajanana Narayansa Habib vs Smt. Vimala W/O. Ganapatsa Chavan
2023 Latest Caselaw 5568 Kant

                                                    -1-
                                                          NC: 2023:KHC-D:8877
                                                              RFA No. 100299 of 2023




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 14TH DAY OF AUGUST, 2023

                                                 BEFORE
                            THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                        REGULAR FIRST APPEAL NO. 100299 OF 2023 (DEC/INJ)


                       BETWEEN:

                             GAJANANA NARAYANSA HABIB
                             AGE: 74 YEARS, OCC: BUSINESS,
                             R/O: BESIDE DEEPTI CLOTH PALACE,
                             TULAJABHAVANI TEMPLE ROAD,
                             DAJIBANPETH, HUBBALLI-580028.
                                                                        ...APPELLANT
                       (BY SRI. D.H.PASTAY AND
                        SMT. KARUNA S MUDHOL, ADVOCATES)

                       AND:

                       1.    SMT. VIMALA
                             W/O GANAPATSA CHAVAN
                             AGE: 63 YEARS, OCC: HOUSEWIFE,
                             R/O: HOUSE NO.57,
                             BASAVESHWAR NAGAR,
                             GOKUL ROAD, HUBBALLI-580030.
          Digitally
          signed by

SAROJA
          SAROJA
          HANGARAKI
HANGARAKI Date:
                       2.    SMT. VIDYA W/O MAHESH BADDI
          2023.08.18
          12:36:16 -
          0700
                             AGE: 39 YEARS, OCC: HOUSEWIFE,
                             R/O: KUBERPURAM, KESHWAPUR,
                             KUSUGAL ROAD, HUBBALLI-5800023.

                       3.    SMT. DEEPA W/O DEEAK MURADI
                             AGE: 38 YEARS, OCC: HOUSEWIFE,
                             R/O: RAJU NAGAR, VIDYANAGAR,
                             HUBBALLI-580023.

                       4.    SHRI. AMIT S/O GANAPATSA CHAVAN
                             AGE: 35 YEARS, OCC: BUSINESS,
                             R/O: HOUSE NO.57, BASAVESHWAR NAGAR,
                             GOKUL RAOD, HUBBALLI-580030.
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                                    NC: 2023:KHC-D:8877
                                         RFA No. 100299 of 2023




5.   SHRI. ANIL S/O GANAPATSA CHAVAN
     AGE: 32 YEARS, OCC: BUSINESS,
     R/O: HOUSE NO.57, BASAWESHWAR NAGAR,
     GOKUL ROAD, HUBBALLI-580030.

                                                ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908,
AGAINST THE JUDGMENT AND DECREE DATED 27.03.2023
PASSED IN O.S.NO.154/2021 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
HUBBALLI, DISMISSING THE SUIT FILED FOR DECLARATION AND
PERMANENT INJUNCTION.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT PASSED THE FOLLOWING:

                           ORDER

The suit before the trial Court was one for declaration

and injunction. The property involved in the suit was

valued at Rs.6 lakhs. Hence, appeal does not lie before

this Court.

Accordingly, the appeal is dismissed as not

maintainable.

Liberty is granted to the appellant to move the

jurisdictional District Court. If such an appeal is filed

before the District Court, the time spent in prosecuting

this appeal shall be excluded in computing the period of

limitation.

NC: 2023:KHC-D:8877 RFA No. 100299 of 2023

Registry to return the certified copies of impugned

judgment and decree to the appellant.

Sd/-

JUDGE

SH