Karnataka High Court
Shantabai vs Hubballi-Dharwad Urban ... on 18 January, 2023
Bench: M.G.S. Kamal
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RSA No. 100552 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO. 100552 OF 2015 (INJ)
BETWEEN:
SHANTABAI
W/O LATE GURUNATHSA KATWE,
SINCE DECEASED BY LRS,
1. SHRI RUKUMASA S/O LATE GURUNATHSA KATWE,
AGE: 58 YEARS, OCC: AGRICULTURE AND
BUSINESS,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
2. SMT. RUKUMINIBAI W/O RUKUMASA KATWE
AGE: 51 YEARS, OCC: HOUSEHOLD,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
3. SHRI SREENIVAS S/O RUKUMASA KATWE
AGE: 33 YEARS, OCC: BUSINESS,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
4. SMT. GEETHA W/O NITYANANDA KALBURGI
AGE: 31 YEARS, OCC: HOUSEHOLD,
R/O: VISHWESHWAR NAGAR, HUBLI.
5. SMT. SANDHYA W/O SREENIVAS KALBURGI
AGE: 26 YEARS, OCC: HOUSEHOLD,
R/O: RAJNAGAR, HUBLI.
6. KUM. USHA D/O RUKUMASA KATWE
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RSA No. 100552 of 2015
AGE: 23 YEARS, OCC: STUDENT,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
7. SHRI ASHOK S/O LATE GURUNATHSA KATWE
AGED ABOUT 51 YEARS, OCC: BUSINESS,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
8. SMT. NEETHA W/O ASHOK KATWE
AGED ABOUT 42 YEARS, OCC: HOUSEHOLD,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
9. SHRI PAWAN S/O ASHOK KATWE
AGE: 23 YEARS, OCC: STUDENT,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
10. KUM. KISHAN S/O ASHOK KATWE
AGE: 20 YEARS,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
11. SHRI MANJUNATH S/O LATE GURUNATHSA KATWE
AGE: 49 YEARS, OCC: BUSINESS,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
12. SMT. REKHA W/O MANJUNATH KATWE
AGED ABOUT 40 YEARS, OCC: HOUSEHOLD,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
13. KUM. GURU S/O MANJUNATH KATWE
AGE: 23 YEARS, OCC: STUDENT,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
14. KUM. PRIYANKA D/O MANJUNATH KATWE
AGED ABOUT 19 YEARS,
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RSA No. 100552 of 2015
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
15. SHRI PANDURANGA S/O LATE GURUNATHSA KATWE
AGED ABOUT 45 YEARS, OCC: BUSINESS,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
16. SMT. REETA W/O PANDURANG KATWE
AGED ABOUT 36 YEARS, OCC: HOUSEHOLD,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
17. KUM. LAXMI D/O PANDURANG KATWE
AGED ABOUT 17 YEARS,
OCC: STUDENT,BEING MINOR
REPRESENTED BY HER NATURAL
GUARDIAN PANDURANG S/O
LATE GURUNATHSA KATWE,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
18. KUM. RANI D/O PANDURANG KATWE
AGED ABOUT 14 YEARS,
OCC: STUDENT, BEING MINOR
REPRESENTED BY HER
NATURAL GUARDIAN
PANDURANG S/O LATE GURUNATHSA KATWE,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
19. KUM. SAJANA D/O PANDURANGA KATWE
AGED ABOUT 8 YEARS,
OCC: STUDENT, BEING MINOR
REPRESENTED BY HER NATURAL
GUARDIAN PANDURANG S/O
LATE GURUNATHSA KATWE,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
20. SMT. BHARTI W/O LATE BHOJRAJ KATWE
AGE: 55 YEARS, OCC: HOUSEHOLD,
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RSA No. 100552 of 2015
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
21. SHRI RAGHAVENDRA S/O LATE BHOJRAJ KATWE
AGED ABOUT 37 YEARS, OCC: BUSINESS,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
22. SMT. MANGALA W/O RAGHAVENDRA KATWE
AGED ABOUT 28 YEARS, OCC: HOUSEHOLD,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
23. KUM. PREM S/O RAGHAVENDRA KATWE
AGE: 9 YEARS,
BEING MINOR REPRESENTED BY
HER NATURAL GUARDIAN
SHRI RAGHAVENDRA S/O LATE BHOJRAJ KATWE,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
24. KUM. AISHWARYA D/O RAGHAVENDRA KATWE
AGE: 6 YEARS,
BEING MINOR REPRESENTED BY
HER NATURAL GUARDIAN
SHRI RAGHAVENDRA S/O LATE BHOJRAJ KATWE,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
25. SMT. SUNITHA ALIAS PADMA
W/O VENKATESH MISKIN,
AGE: ABOUT 38 YEARS,
OCC: HOUSEHOLD,
R/O: HOSUR, HUBLI.
26. KUM. DEEPA D/O LATE BHOJRAJ KATWE
AGED ABOUT 33 YEARS, OCC: HOUSEHOLD,
R/O: BEHIND AMBESH HOTEL,
VIDYANAGAR, HUBLI.
27. SMT. SRIDEVI ALIAS KOMAL
W/O RAGHAVENDRA MEGHRAJ
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RSA No. 100552 of 2015
AGED ABOUT 31 YEARS, OCC: HOUSEHOLD,
R/O: GOKUL ROADL, HUBLI.
28. SMT. VIDYA W/O RAGHAVENDRA KHODAY
AGED ABOUT 29 YEARS, OCC: HOUSEHOLD,
R/O: BHUSPET, HUBLI.
29. SMT. JAYSHREE W/O JAGANNATHSA KALBURGI
AGED ABOUT 55 YEARS, OCC: HOUSEHOLD,
R/O: FOREST COLONY HUBLI.
30. SMT. SHOBHA W/O PREMNATHSA MEHGRAJ
AGED ABOUT 53 YEARS, OCC: HOUSEHOLD,
R/O: ASHOK NAGAR, HUBLI.
31. SMT. VIJAYA ALIAS ARUNA
W/O UDAY MEHARWADE
AGE: ABOUT 48 YEARS, OCC: HOUSEHOLD,
R/O: RANI CHENNAMMA NAGAR,
BELAGAVI.
32. SMT. SUREKHA ALIAS LAXMI
W/O RAMESH BADDI
AGE: ABOUT 39 YEARS, OCC: HOUSEHOLD,
R/O SHATTAR ONI, HUBLI.
...APPELLANTS
(BY SRI. P.H.PAWAR AND
SRI. VINOD S.PAWAR, ADVOCATES)
AND:
HUBBALLI-DHARWAD URBAN DEVELOPMENT
AUTHORITY BY ITS COMMISSIONER,
OLD P.B. ROAD, NAVANAGAR,
HUBBALLI.
...RESPONDENT
(BY SRI. G.I.GACHCHINAMATH, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 30.03.2015
PASSED IN R.A.NO.201/2020 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD,
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RSA No. 100552 of 2015
SITTING AT HUBBALLI, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 31.05.2010
AND THE DECREE PASSED IN O.S.NO.81/2009 ON THE FILE OF
THE FIRST ADDITIONAL SENIOR CIVIL JUDGE AT HUBBALLI,
REJECTING THE PLAINT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
An application under Order XXIII Rule 1(3) read with
Section 151 of the Code of Civil Procedure is filed by the
appellants seeking withdrawal of the suit with liberty to file
a writ petition in respect of same subject matter and same
cause of action.
2. Learned counsel for the respondent though has
no objection in appellants withdrawing the suit but
seriously objects for reserving liberty as sought for.
3. Heard.
4. Application is taken on record.
5. Appellants are permitted to withdraw the suit.
RSA No. 100552 of 2015
6. If the appellants are entitled for any remedy,
they may avail the same if permissible in law.
7. The appeal is disposed of as withdrawn.
sd
JUDGE
RH
