Ishwar S/O Malleshappabaragundi vs Honnappa S/O Jayavant Baragundi
2023 Latest Caselaw 10573 Kant

Karnataka High Court

Ishwar S/O Malleshappabaragundi vs Honnappa S/O Jayavant Baragundi on 14 December, 2023

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                         -1-
                                               NC: 2023:KHC-D:14683
                                                 RFA No. 100200 of 2020




                         IN THE HIGH COURT OF KARNATAKA
                                 DHARWAD BENCH

                    DATED THIS THE 14TH DAY OF DECEMBER, 2023

                                       BEFORE

                 THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                 REGULAR FIRST APPEAL NO.100200/2020 (PAR/POS)

            BETWEEN:

            1.   ISHWAR S/O. MALLESHAPPA BARAGUNDI,
                 AGE: 71 YEARS, OCC: AGRICULTURE,
                 R/O: SAMBHAJI GALLI, ALNAVAR - 581103,
                 TQ AND DIST: DHARWAD.

            2.   PARASHURAM
                 S/O. MALLESHAPPA BARAGUNDI,
                 AGE: 66 YEARS, OCC: AGRICULTURE,
                 R/O: SAMBHAJI GALLI, ALNAVAR - 581 103,
                 TAL AND DIST: DHARWAD.

            3.   SMT. DROUPADI W/O. NARAYAN BARAGUNDI,
                 AGE: 71 YEARS, OCC: HOUSEHOLD WORK,
                 R/O: KARLAKATTA, TQ: HALIYAL - 581 329,
                 DIST: UTTAR KANNADA.

Digitally   4.   RAGHUNATH S/O. NARAYAN BARAGUNDI,
signed by        AGE: 42 YEARS, OCC: MASON,
SUJATA
SUBHASH          R/O: KARLAKATTA, TQ: HALIYAL - 581 329,
PAMMAR           DIST: UTTAR KANNADA.

            5.   DHARMENDRA S/O. NARAYAN BARAGUNDI,
                 AGE: 40 YEARS, OCC: MASON,
                 R/O: KARLAKATTA, TQ: HALIYAL-581329,
                 DIST: UTTAR KANNADA.
                                                           ...APPELLANTS
            (BY SRI MADANMOHAN M. KHANNUR, ADVOCATE)

            AND:

            1.   HONNAPPA
                 S/O. JAYAVANT BARAGUNDI,
                 AGE: 66 YEARS, OCC: AGRICULTURE,
                              -2-
                                   NC: 2023:KHC-D:14683
                                      RFA No. 100200 of 2020




     R/O: CHAVATAGERI (KERI) PLOTS,
     BEHIND APMC, ALNAVAR-581103,
     TQ AND DIST: DHARWAD.

2.   ASHOK S/O. JAYAVANT BARAGUNDI,
     AGE: 61 YEARS, OCC: AGRICULTURE,
     R/O: SAMBHAJI GALLI,
     ALNAVAR-581103,
     TQ AND DIST: DHARWAD.

3.   SANDESH
     S/O. MADIVALAPPA BAGEWADI,
     AGE: 28 YEARS, OCC: STUDENT,
     R/O: BASAVESHWAR MARKET ROAD,
     ALNAVAR-581103,
     TQ AND DIST: DHARWAD.

4.   SUCHETA
     W/O. SARVESH NANDIMATH,
     AGE: 32 YEARS, OCC: HOUSEHOLD,
     R/O: BASAVESHWAR MARKET ROAD,
     ALNAVAR-581103,
     TQ AND DIST: DHARWAD.
                                              ...RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 23.02.2017 IN O.S.NO.517/2014
PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC, DHARWAD AND ETC.,

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


                          ORDER

Learned counsel for the appellants has filed a memo

seeking withdrawal of the appeal.

NC: 2023:KHC-D:14683

2. The memo is placed on record. The appeal is

dismissed as withdrawn with liberty to file appeal before

the jurisdictional Court.

3. Registry to return the certified copies produced

along with the appeal memorandum by keeping photo

copies of the same in the file.

4. Two weeks time is granted to file regular appeal

before the jurisdictional Court.

SD/-

JUDGE

MRK

CT-ASC