Smt. Geetanjali W/O Gurunath Chavan vs Sri. Chandrahas S/O Vishnu Anvekar
2023 Latest Caselaw 10450 Kant

Karnataka High Court

Smt. Geetanjali W/O Gurunath Chavan vs Sri. Chandrahas S/O Vishnu Anvekar on 13 December, 2023

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                           -1-
                                                                     NC: 2023:KHC-D:14615-DB
                                                                    RFA No. 100334 of 2017




                                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                       DATED THIS THE 13TH DAY OF DECEMBER, 2023
                                                        PRESENT
                                          THE HON'BLE MR JUSTICE H.P.SANDESH
                                                          AND
                                    THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                                REGULAR FIRST APPEAL NO. 100334 OF 2017 (PAR/POS)

                               BETWEEN:
                               1.    SMT. GEETANJALI W/O. GURUNATH CHAVAN
                                     SINCE DECEASED BY HIS LEGAL HEIRS ARE
                                     APPELLANT NO.2 TO 5.

                               2.    SRI. AVADHOOT S/O. GURUNATH CHAVAN
                                     AGE: MAJOR, OCC: BUSINESS,
                                     R/O: 1794, KELKAR BAUG,
                                     BELAGAVI-590001.

                               3.    SMT. RESHMA W/O. SUDESH KAMAT
                                     AGE: MAJOR, OCC: HOUSEHOLD,
                                     R/O: 1794, KELKAR BAUG,
                                     BELAGAVI-590001.

                               4.    SMT. ROOPA W/O. SUDESH KAMAT
            Digitally signed
                                     AGE: MAJOR, OCC: HOUSEHOLD,
            by SAROJA
            HANGARAKI
            Location: HIGH
                                     R/O: 1794, KELKAR BAUG,
SAROJA      COURT OF
HANGARAKI   KARNATAKA
            DHARWAD
            BENCH
                                     BELAGAVI-590001.
            Date:
            2023.12.15
            13:30:40 +0530


                               5.    KUM. TRUPTI D/O. GURUNATH CHAVAN
                                     AGE: MAJOR, OCC: HOUSEHOLD,
                                     R/O: 1794, KELKAR BAUG,
                                     BELAGAVI-590001.
                                                                              ...APPELLANTS
                               (BY SRI.A.K.ATHANI, ADVOCATE AND
                                  SRI. SANTOSH B RAWOOT, ADVOCATE)


                               AND:
                               1.    SRI. CHANDRAHAS S/O. VISHNU ANVEKAR
                                     AGE: 64 YEARS, OCC: BUSINESS,
                             -2-
                                    NC: 2023:KHC-D:14615-DB
                                   RFA No. 100334 of 2017




    R/O: 128/A, SUBHASH MARKET,
    HINDWADI, BELAGAVI-591002.
                                             ...RESPONDENT
(BY SRI. SANGRAM S KULKARNI, ADVOCATE)


     THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 09.06.2017 PASSED IN
O.S.NO.185/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE   AND    CHIEF   JUDICIAL   MAGISTRATE,   BELAGAVI,
DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.

     THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, H.P. SANDESH, J., DELIVERED THE FOLLOWING:


                       JUDGMENT

Learned counsel for the appellants has filed a memo

stating that they have filed two appeals against the

common judgment and decree questioning both the relief

of specific performance as well as partition and separate

possession and now they are restricting their appeal only

in respect of specific performance and seeks permission of

this Court to withdraw RFA No.100334/2017.

Memo is accepted. In view of the memo the appeal is

dismissed as not pressed.

NC: 2023:KHC-D:14615-DB

Registry is also directed to de-link this appeal from

RFA No.100333/2017 consequent upon getting dismissed

as not pressed.

Sd/-

JUDGE

Sd/-

JUDGE

SH