Karnataka High Court
Rajendra Sadashiv Narake vs Eshwarappa Malkappa Hatroti Since ... on 21 December, 2023
-1-
NC: 2023:KHC-D:14978
RSA No. 100947 of 2022
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
RSA NO.100947 OF 2022 (FDP)
BETWEEN:
SRI. PRADEEP SURESH NARAKE,
AGE. 60 YEARS, OCC. PRIVATE BUSINESS,
R/O. AKOL ROAD, SOMANATH NAGAR,
NIPANI, TAL. CHIKODI,
DIST. BELAGAVI-591237.
... APPELLANT
(BY SRI. VITTHAL S.TELI, ADVOCATE)
AND:
ESHWARAPPA MALKAPPA
HATROTI, SINCE DECEASED,
BALAPPA SHRIMANDAR MIRJI,
Digitally signed
SINCE DECEASED,
by VISHAL
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
2023.12.21
1. SHRI. CHANDRAKANT BALAPPA MIRJE,
15:14:02 +0530
AGE: 85 YEARS, OCC: BUSINESS,
R/O: LAXMI BHAVAN, OPP SHINDHI COLONY,
SION MUMBAI, MAHARASHTRA-400022
SHRI. SURYAKANT BALAPPA MIRJE,
SINCE DECEASED.
2. SHRI. NITIN SURYAKANT MIRJE,
AGE: 60 YEARS, OCC: BUSINESS,
R/O: C/O: MIRJE ASSOCIATES,
BHAGAL CHOWK, KOLHAPUR,
DIST: KOLHAPUR, MAHARASHTRA -416001.
-2-
NC: 2023:KHC-D:14978
RSA No. 100947 of 2022
3. SOU. SUNITA DATTATRAYA MITHARE,
AGE: 58 YEARS, OCC: HOUSEHOLD,
R/O: "CHAMPA" BEHIND RAJESH MOTORS,
NIMBALKAR BUILDING, KOLHAPUR,
MAHARASHTRA-416007.
4. SOU. ROHINI SURYAKANT MIRJE,
AGE: 45 YEARS, OCC: HOUSEHOLD,
R/O: C/O: MIRJE ASSOCIATES,
BHAGAL CHOWK, KOLHAPUR,
DIST: KOLHAPUR, MAHARASHTRA-416001.
5. SHRI. MANOHAR BALAPPA MIRJE,
AGE: 75 YEARS, OCC: BUSINESS,
R/O: "PRIYA" 6TH LANE RAJAMPURI,
KOLHAPUR, MAHARASHTRA -416008.
6. SHRI. VASANT BALAPPA MIRJE,
AGE: 70 YEARS, OCC: BUSINESS,
R/O: "SUCHETA" RUIKAR COLONY,
KOLHAPUR, MAHARASHTRA -416008.
7. SHRI. ASHOK BALAPPA MIRJE,
AGE: 67 YEARS, OCC: BUSINESS,
R/O: "AISHWARYA" PLOT NO. 6566,
RACEOURSE ROAD, NEAR T.V. CENTRE,
BELAGAVI-590001.
8. SHRI. DEEPAK BALAPPA MIRJE,
AGE: 62 YEARS, OCC: BUSINESS,
R/O: C/O: S S MIRJE AND CO,
RAJAMPURI, KOLHAPUR,
MAHARASHTRA -416008.
9. SMT. SHAKUNTALA CHINTAMANI KATTI,
AGE: 60 YEARS, OCC: HOUSEHOLD,
R/O: OPPOSITE TO SANGALI HIGH SCHOOL,
WAKHAR BAG-SANGALI, KOLHAPUR,
MAHARASHTRA-416416.
-3-
NC: 2023:KHC-D:14978
RSA No. 100947 of 2022
10. SMT. PUSHPA RAMESH MIRJE,
AGE: 55 YEARS, OCC: HOUSEHOLD,
R/O: C/O: AUTO INDIA MADHAV NAGAR,
SANGALI, KOLHAPUR,
MAHARASHTRA-416406.
11. SMT. REETA RAMESH MIRJE,
AGE: 52 YEARS, OCC: HOUSEHOLD,
R/O: C/O: AUTO INDIA MADHAV NAGAR,
SANGALI, KOLHAPUR,
MAHARASHTRA-416406.
12. SMT. RAKESH RAMESH MIRJE,
AGE: 50 YEARS, OCC: HOUSEHOLD,
R/O: C/O: AUTO INDIA MADHAV NAGAR,
SANGALI, KOLHAPUR,
MAHARASHTRA-416406.
BALAKRISHNA NARAYAN NARAKE
SINCE DECEASED
SADASHIV BALAKRISHNA NARAKE
SINCE DECEASED
13. SRI. VIJAY SADASHIV NARAKE,
AGE: 75 YEARS, OCC: PRIVATE BUSINESS,
R/O: AKOL ROAD, SOMANATH NAGAR,
NIPANI, TAL: CHIKODI,
DIST: BELAGAVI.-591237.
SURESH SADASHIV NARAKE
SINCE DECEASED
14. SMT. SHANKUNTALA SURESH NARAKE,
AGE: 75 YEARS, OCC: PRIVATE BUSINESS,
R/O: AKOL ROAD, SOMANATH NAGAR,
NIPANI, TAL: CHIKODI,
DIST: BELAGAVI.-591237.
15. SRI. RAJENDRA SADASHIV NARAKE,
AGE: 60 YEARS, OCC: PRIVATE BUSINESS,
R/O: NIPANI, TAL: CHIKODI,
-4-
NC: 2023:KHC-D:14978
RSA No. 100947 of 2022
DIST: BELAGAVI.-591237.
16. SRI. ARCHANA MURGESH HIDDGUGGI,
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O: KUMAR SWAMI LAYOUT, 2ND LINE,
BELAGAVI.-590019.
17. SRI. RAMDAS SADASHIV NARAKE,
AGE: 68 YEARS, OCC: PRIVATE BUSINESS,
R/O: AKOL ROAD, SOMANATH NAGAR,
NIPANI, TAL: CHIKODI,
DIST: BELAGAVI.-591237.
18. SRI. RAVINDRA SADASHIV NARAKE,
AGE: 57 YEARS, OCC: PRIVATE BUSINESS,
R/O: AKOL ROAD, SOMANATH NAGAR,
NIPANI, TAL: CHIKODI,
DIST: BELAGAVI.-591237.
19. SMT. YESHODA SHANKAR KUREBETTI,
AGE: 62 YEARS, OCC: HOUSEHOLD,
R/O: VAIBHAVWADI, KOLHAPUR,
MAHARASHTRA-416810.
... RESPONDENTS
(BY SRI. B.S. KAMATE, ADV. FOR C/R-8)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 READ WITH ORDER XLII RULE 1 OF THE CODE
OF CIVIL PROCEDURE, 1908, PRAYING TO CALL FOR THE
RECORDS IN RA NO. 27/2012 ON THE FILE OF THE VII
ADDITIONAL DISTRICT JUDGE, BELAGAVI SITTING AT
CHIKKODI AND IN FDP NO. 15/1978 ON THE FILE OF THE
SENIOR CIVIL JUDGE CHIKKODI AND TO SET ASIDE THE
JUDGMENT AND DECREE DATED 19.07.2021 IN RA NO.
27/2012 BY THE VII ADDITIONAL DISTRICT JUDGE, BELAGAVI
SITTING AT CHIKKODI AND THE JUDGMENT AND DECREED
DATED 12.10.2011 IN FDP NO.15/1978 BY THE SENIOR CIVIL
JUDGE CHIKKODI, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS REGULAR SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
-5-
NC: 2023:KHC-D:14978
RSA No. 100947 of 2022
JUDGMENT
1. Learned counsel for the appellant on
instructions from the appellant who is present before the
Court submits that the appellant does not intend to
prosecute the present regular second appeal and has filed
an affidavit to that effect, which reads as under:
"1. I am shown to be one of the Appellants
in the above Appeal. I am conversant with the facts
of the case based on the Judgment in
RA No.27/2012 and records in FDP No.15/1978. I
am therefore competent to swear to this affidavit
for self and other Co-Appellant as we have no
conflict of interest. This affidavit serves the
common interest of both and that of the Narake
family.
2. I state that, one Mr. Qazi claims to have
allegedly acquired greater than all the right, title
and interest from us in the suit property by way of
a registered sale deed. However, the records would
speak for themselves and rather would not support
such a claim and contentions put forth by Mr. Qazi
in the execution proceedings in EP No.04/2022 on
the file of Senior Civil Judge and JMFC, Nipani. The
revenue authorities have appreciated the above
said fact and refused to give any credit to the
NC: 2023:KHC-D:14978
claims of the third party namely Mr. Qazi. However,
Mr. Qazi is trying to assert his rights contrary to the
law and facts. We therefore, are not in agreement
with the contentions of Mr. Qazi. The fact of
quantification of shares has been appreciated and
findings have been recorded by the courts below.
We agree with the said findings and have no
objection to the final decree.
3. We understand that we had no more
interest than to the extent of 1/3rd lying on the
south in the suit property and the Respondents viz.
The family of Mirjes own the remaining 2/3rd lying
on the north in the same as per the final decree. We
also understand that the said shares have been
defined well and demarcated in the final decree
drawn by the trial court. We are however, willing to
co-operate in the process of demarcation of the suit
property and for implementation of the final decree.
4. We understand that we have been ill-
advised to adopt the course of complaining against
the advocate on record. We regret such an action
and without prejudice, only with an intention to see
that the matter ends well for all we want to
withdraw all our allegations made in the complaint
against the advocate on record and we also request
permission to withdraw the Appeal since the same
is said to have been filed with our authorization."
NC: 2023:KHC-D:14978
2. In view of the submission and the affidavit filed,
the appeal is dismissed as withdrawn.
3. In the light of the withdrawal of the appeal, the
judgment and decree of the final decree Court stands
confirmed.
In the light of the dismissal of the appeal as
withdrawn, pending applications, if any, do not survive for
consideration and the same are accordingly disposed of.
Sd/-
JUDGE
Vnp*, CT: UMD
