Karnataka High Court
Jyoti W/O Shivanand And Anr vs Manashetty S/O Shivaraya Singi ... on 28 August, 2023
Bench: Ravi V Byrvhj
-1-
NC: 2023:KHC-K:6764
MFA No. 200882 of 2016
C/W RSA No. 200163 of 2016
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO.200882 OF 2016 (CPC)
C/W
REGULAR SECOND APPEAL NO.200163 OF 2016
IN MFA NO.200882 OF 2016:
BETWEEN:
1. JYOTI W/O SHIVANAND
AGED ABOUT 40 YEARS
OCC: HOUSEHOLD
R/O ALAND COLONY
KALABURAGI-585 104
Digitally 2. NIRMALABAI
signed by
LUCYGRACE W/O BASAWARAJ KALASHETTY
Location: AGED ABOUT 40 YEARS,
HIGH COURT
OF
KARNATAKA
OCC: HOUSEHOLD
R/O USTURI, TALUQ: NEELANGA
DIST. LATUR-413 521
...APPELLANTS
(BY SRI. YASHAS S. DIKSHIT, ADVOCATE FOR
SRI AMEET KUMAR DESHPANDE, ADVOCATE)
AND:
1. MANASHETTY S/O SHIVARAYA SINGI
AGE: 45 YEARS, OCC: AGRICULTURE
-2-
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MFA No. 200882 of 2016
C/W RSA No. 200163 of 2016
R/O RATKAL, TQ. CHINCHOLI
DIST. KALABURAGI-585 322
2. SHIVASHARANAPPA
S/O BASAWARAJ KALASHETTY
AGE: 30 YEARS, OCC: AGRICULTURE
R/O RATKAL, TQ. CHINCHOLI
DIST. KALABURAGI-585 322
3. PARWATI W/O AMBARAYA
D/O BASAWARAJ KALASHETTY
AGED ABOUT 27 YEARS,
OCC: HOUSEHOLD
R/O RATKAL, TQ. CHINCHOLI
DIST. KALABURAGI-585 322
4. MURUGENDRA
S/O BASAWARAJ KALASHETTY
AGED ABOUT 21 YEARS,
OCC: AGRICULTURE
R/O RATKAL, TQ. CHINCHOLI
DIST. KALABURAGI-585 322
5. JAGADISH
S/O BASAWARAJ KALASHETTY
AGED ABOUT 15 YEARS (MINOR)
6. ANUSUY
D/O BASAWRAJ KALASHETTY
AGED ABOUT 11 YEARS (MINOR)
RESPONDENTS NO.5 & 6 REPRESENTED BY
THEIR NATURAL MOTHER R-7
SMT.CHANNAMMA
W/O BASAWARAJ KALASHETTY
R/O RATKAL, TQ. CHINCHOLI
DIST. KALABURAGI-585 322
7. SMT. CHANNAMMA
W/O BASAWARAJ KALASHETTY
AGED ABOUT 50 YEARS,
OCC: HOUSEHOLD
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NC: 2023:KHC-K:6764
MFA No. 200882 of 2016
C/W RSA No. 200163 of 2016
R/O. RATKAL, TQ. CHINCHOLI
DIST. KALABURAGI-585 322
...RESPONDENTS
(SRI. SHIVANAND PATIL, ADVOCATE FOR R1;
SRI. K.A. KALBURGI AND
SRI. CHETAN KALBURGI, ADVOCATES FOR R2 TO R4 & R7;
R5 AND R6 ARE MINORS R/BY R7)
THIS MFA IS FILED U/O. 43 RULE 1(W) OF CPC, PRAYING
TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED
08.03.2016, PASSED IN MISC. (REVIEW PETITION) NO.5/2011,
ON THE FILE OF THE I ADDL. DISTRICT JUDGE, KALABURAGI
AND TO PASS ANY OTHER APPROPRIATE ORDER WHICH THE
HON'BLE COURT MAY FEELS NECESSARY IN THE
CIRCUMSTANCES OF THE CASE.
IN RSA NO.200163 OF 2016:
BETWEEN:
1. JYOTI W/O SHIVANAND
AGE: MAJOR, OCC: HOUSEHOLD
R/O ALAND COLONY, KALABURAGI
2. NIRMALABAI W/O BASAVARAJ KALSHETTY
AGE: 42 YEARS, OCC: HOUSEHOLD
R/O USTURI, TQ: NILANGA, DIST. LATUR
...APPELLANTS
(BY SRI. YASHAS S. DIKSHIT, ADVOCATE FOR
SRI AMEET KUMAR DESHPANDE, ADVOCATE)
AND:
1. SHIVASHARANAPPA
S/O BASAVARAJ KALSHETTY
AGE: 32 YEARS, OCC: AGRICULTURE
R/O RATKAL, DIST. KALABURAGI-585 101
2. PARVATI W/O AMBARAYA
(D/O BASAVARAJ KALSHETTY)
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MFA No. 200882 of 2016
C/W RSA No. 200163 of 2016
AGE: 29 YEARS, OCC: HOUSEHOLD WORK
R/O KALABURAGI-585 101
3. MURUGENDRA
S/O BASAVARAJ KALSHETTY
AGE: 26 YEARS,
4. JAGDISH
S/O BASAVARAJ KALSHETTY
AGE: 24 YEARS,
5. ANUSUYA
D/O BASAVARAJ KALSHETTY
AGE: 12 YEARS, MINOR
(RESPONDENT NO.5 IS U/G OF HER NATURAL
MOTHER SMT. CHENNAMMA
W/O BASAVARAJ KALSHETTY
AGE: 52 YEARS, OCC: HOUSEHOLD WORK
R/O RATKAL, TQ. CHINCHOLI
DIST. KALABURAGI-585 332.
6. SMT. CHENNAMMA
W/O BASAVARAJ KALSHETTY
AGE: 52 YEARS, OCC:HOUSEHOLD WORK
R/O RATKAL, TQ. CHINCHOLI
DIST. KALABURAGI-585 332
7. MANASHETTY
S/O. SHIVARAYA SIGI
AGE: 47 YEARS, OCC: AGRICULTURE
R/O RATKAL, TQ. CHINCHOLI
DIST. KALABURAGI-585 332
8. SMT. GANGABAI W/O SHIVASHARANAPPA
AGE: 77 YEARS, OCC: AGRICULTURE
R/O RATKAL, TQ. CHINCHOLI,
DIST. KALABUARGI - 585 332
(R8 DIED. APPELLANTS AND RESPONDENT NO. 1 TO
6 ARE THE LRS. OF DECEASED R8
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NC: 2023:KHC-K:6764
MFA No. 200882 of 2016
C/W RSA No. 200163 of 2016
AMENDED ON 03/06/2020 IN OPEN COURT AS
PERMITTED BY HON'BLE COURT.
...RESPONDENTS
(BY SRI. K.A.KALBURGI, ADVOCATE FOR R1 TO R4 & R6;
R5 IS MINOR U/G R6;
SRI. SHIVANAND PATIL, ADVOCATE FOR R7)
THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
JUDGEMENT AND DECREE DATED 23.11.2010 PASSED IN R.A
NO.89/2009 ON THE FILE OF THE I ADDITIONAL DISTRICT
JUDGE AT GULBARGA, ALLOWING THE APPEAL SETTING ASIDE
THE JUDGEMENT AND DECREE DATED 09.04.2009 PASSED IN
O.S. NO.70/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN)
AT CHINCHOLI.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Shri.Yashas S. Dikshit, learned counsel submits that
upon designation of learned counsel for appellants as
Senior Counsel, appellants have taken back papers in year
2021.
It is seen that appeals are of year 2016. Designation
of counsel for appellants as Senior Counsel and return of
files as stated is in year 2021. Till date, alternative
NC: 2023:KHC-K:6764
MFA No. 200882 of 2016
C/W RSA No. 200163 of 2016
arrangement is not made. ence, both appeals are
dismissed for non-prosecution.
Sd/-
JUDGE
LG
