Sri Sangappa S/O Hanamappa Kali vs Sri Mahadevappa S/O Mallappa Kali
2023 Latest Caselaw 9374 Kant

Karnataka High Court

Sri Sangappa S/O Hanamappa Kali vs Sri Mahadevappa S/O Mallappa Kali on 5 December, 2023

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                         -1-
                                               NC: 2023:KHC-D:14188
                                                 RFA No. 100215 of 2023




                         IN THE HIGH COURT OF KARNATAKA,
                                 DHARWAD BENCH

                     DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                      BEFORE

                THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                REGULAR FIRST APPEAL NO.100215/2023(PAR/POS)

            BETWEEN:

            SRI SANGAPPA S/O MALLAPPA KALI,
            AGE: 60 YEARS, OCC: AGRICULTURE,
            R/O: KALADAGI,
            TQ AND DIST: BAGALKOT.
                                                            ...APPELLANT
            (BY SRI M. C. HUKKERI, ADVOCATE)

            AND:

            SRI MAHADEVAPPA S/O MALLAPPA KALI,
            AGE: 67 YEARS, OCC: RETIRE JAILER,
            R/O: NEAR KHADI KENDRA,
            1ST CROSS, GADDANAKERI,
            TQ AND DIST: BAGALKOT - 587 111.
                                                          ...RESPONDENT

Digitally          THIS RFA IS FILED UNDER SECTION 100 OF CODE OF CIVIL
signed by
SUJATA      PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
SUBHASH
PAMMAR      PASSED IN R.A.NO.171/2019, ON THE FILE OF THE I ADDITIONAL
            DISTRICT AND SESSION JUDGE, BAGALKOT TO SIT AT JAMKHANDI
            THE APPEAL CAME TO BE PARTLY ALLOWED ON 10.01.2023 BY
            MODIFYING THE JUDGMENT AND DECREE PASSED BY THE PRIL.
            SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN O.S.NO. 65/2012 ON
            22.04.2019 IS MODIFIED AS THE PLAINTIFF IS ENTITLED FOR
            11/70TH SHARE IN SUIT SCHEDULE PROPERTIES AND ETC.


                   THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
            COURT DELIVERED THE FOLLOWING:
                                  -2-
                                          NC: 2023:KHC-D:14188
                                            RFA No. 100215 of 2023




                               ORDER

The appeal is filed by invoking Section 100 of the

Code of Civil Procedure, 1908 and mentioned as Regular

Second Appeal. But in the presentation form, the counsel

has written it as Regular First Appeal and accordingly, it is

registered as Regular First Appeal.

2. Since the appeal is filed as Regular Second

Appeal under Section 100 of the Code of Civil Procedure,

1908, the Regular First Appeal is registered wrongly and

the same is to be treated as Regular Second Appeal.

Accordingly, register this case as Regular Second Appeal

and Registry is permitted to make correction on the

presentation form as Regular Second Appeal. Accordingly,

this Regular First Appeal is closed/disposed of for

statistical purpose.

SD/-

JUDGE

SSP

CT-ASC