Karnataka High Court
Vaijinath Since Deceased By Lrs vs Apparao And Ors on 12 December, 2023
Author: R.Devdas
Bench: R.Devdas
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NC: 2023:KHC-K:9181-DB
RFA No. 200058 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE C M JOSHI
R.F.A NO. 200058 OF 2022 (PAR/POS)
BETWEEN:
1. VAIJINATH SINCE DECEASED BY LRS
1.a) RAJKUMAR S/O VAIJINATHRAO KHUBA,
AGE: 45 YEARS,
OCC: AGRICULTURE AND BUSINESS,
R/O AURAD-B, DIST: BIDAR.
2. ASHOK S/O LATE GURUBASAPPA KHUBA,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O NO:15, BANKERS COLONY,
Digitally signed by
SHIVANAGAR SOUTH, BIDAR.
SOMANATH
PENTAPPA MITTE
Location: HIGH
3. BHAGAWANTH
COURT OF S/O LATE GURUBASAPPA KHUBA,
KARNATAKA
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O NO:15, BANKERS COLONY,
SHIVANAGAR SOUTH, BIDAR.
4. SMT. PRAYAGBAI
W/O LATE VITHAL KAMBLE,
AGE: 69 YEARS,
OCC: HOUSEHOLD,
R/O AT POST: GULLA-B MANDAL,
MADNOOR DISTRICT,
NIZAMABAD A.P
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NC: 2023:KHC-K:9181-DB
RFA No. 200058 of 2022
5. SMT. VIMAL W/O SHIVARAJ PATIL,
AGE: 58 YEARS,
OCC: HOUSEHOLD,
R/O VILLAGE WADAGAON,
TQ: CHAKUR, DIST: LATUR.
MAHARASTRA STATE.
...APPELLANTS
(VIDE ORDER DATED 28.08.2023 NOTICE SERVED ON
APPELLANTS NO. 2 TO 5)
AND:
1. APPARAO S/O LATE GURUBASAPPA KHUBA,
AGE: 65 YEARS, OCC: BUSINESS,
R/O H.NO.8-11-311,
SBH COLONY, NEAR KEB BIDAR.
2. SMT. LAXMIBAI W/O APPARAO,
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O H.NO.8-11-311,
SBH COLONY, NEAR KEB BIDAR.
3. VIKRAM S/O APPARAO,
AGE: 31 YEARS,
OCC: WORKING IN A COMPANY,
R/O H.NO.8-11-311,
SBH COLONY, NEAR KEB BIDAR.
4. KAVERI D/O APPARAO,
AGE: 23 YEARS, OCC: LECTURER,
R/O H.NO.8-11-311,
SBH COLONY, NEAR KEB BIDAR.
5. RAJAPPA @ RAJKUMAR S/O VAIJINATH KHUBA,
AGE: 34 YEARS,
OCC: AGRICULTURE AND BUSINESS,
R/O AURAD-B
6. SMT. MEERA W/O ASHOK KHUBA,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O NO.15, BANKERS COLONY
BIDAR.
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NC: 2023:KHC-K:9181-DB
RFA No. 200058 of 2022
7. SMT. SHEELA W/O SHAGWANT KHOBA,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O NO.15, BANKERS COLONY,
BIDAR.
8. PRAKASH PATIL
S/O CHIDAMBAR RAO PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O BASAVESHWARA TEMPLE ROAD,
RAJNAL, KALABURAGI.
9. NEELAMMA W/O LATE VAIJINATHRAO KHUBA,
AGE: 81 YEARS, OCC: HOUSEHOLD,
R/O AURAD-B, TQ: BIDAR,
DIST: BIDAR.
10. SHOBHARANI W/O VIJAYKUMAR PATIL,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O VILLAGE SINGTUM,
TQ: ZAHEERABAD,
DIST: SANGAREDDY T.S.
11. SHANTAMMA W/O VEERSHETTY,
AGE: 52 YEARS, OCC: HOUSEHOLD,
R/O VILLAGE YELGOI,
TQ:ZHEERABAD,
DIST:SANGAREDDY T.S
12. SUVARNA W/O BASAVARAJ,
AGE: 43 YEARS,
OCC: HOUSEHOLD,
R/O AURAD-B, DIST:BIDAR.
...RESPONDENTS
(BY SRI.SANGANABASAVA B PATIL, ADVOCATE FOR R1)
THIS RFA IS FILED U/SEC.96 OF CPC, PRAYING TO
ALLOW THE ABOVE REGULAR FIRST APPEAL AND SET ASIDE
THE IMPUGNED JUDGMENT AND DECREE DATED: 05.10.2021
PASSED BY ADDL. SENIOR CIVIL JUDGE AT BIDAR IN
O.S.NO:29/2017 ONLY IN SO FAR IT RELATES TO SCHEDULE
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NC: 2023:KHC-K:9181-DB
RFA No. 200058 of 2022
PROPERTY-A SY.NO: 62/A MEASURING 6 ACRES 20 GUNTAS
OF AURAD-B VILLAGE AND HOUSE BEARING NO: 8.11.311 AND
OPEN PLOT BEARING NO: 8-11-312 AND 8-11-313 SITUATED
AT BIDAR IS CONCERNED AND GRANT SHARE TO THE
PLAINTIFFS/APPELLANTS IN THE ABOVE PROPERTIES HOLDING
AS JOINT FAMILY PROPERTIES IN ENDS OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
R.DEVDAS, J., DELIVERED THE FOLLOWING:
JUDGMENT
Though the Court notice is served on the appellants,
there is no representation.
2. Consequently, the appeal stands dismissed for
non-prosecution.
Sd/-
JUDGE
Sd/-
JUDGE
NR/-
