Karnataka High Court
Smt.Hema W/O Surendra Puranik vs Smt.Sharadadevi W/O ... on 12 January, 2023
Bench: M.G.S. Kamal
-1-
CP No. 100116 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
CIVIL PETITION NO. 100116 OF 2021
BETWEEN:
SMT. HEMA W/O. SURENDRA PURANIK,
AGED ABOUT 59 YEARS, OCC. HOUSEHOLD,
R/O. KALASH BUILDING, 1 CROSS,
MANJUNATHPUR, MALAMADDI,
NER RAYARMATH, DHARWAD 580007.
...PETITIONER
(BY SRI. S.R.HEGDE AND SRI. S.S.HEGDE, ADVOCATES)
AND:
1. SMT.SHARADADEVI W/O. PANCHAXARIGOUDA PATIL
AGE: ABOUT 81 YEARS, OCC. HOUSEHOLD,
R/O. JAKANUR, TQ. BADAMI,
DIST BABALKOT. 587201.
2. SMT. SHANTADEVI W/O. AJIT SWAMY,
AGE: 67 YEARS, OCC. TEACHER,
R/O. SHIVAPURI COLONY,
DHARWAD - 580007.
3. SMT. VEENA W/O APPASAHEB HIREMATH,
AGE: 64 YEARS, OCC. HOUSEHOLD,
R/O. SHIVAPURI COLONY,
DHARWAD - 580007.
4. SRI. MAHESH S/O PANCHAXARIGOUDA PATIL
AGE: 61 YEARS, OCC. TEACHER,
R/O. JAKANUR, TQ. BADAMI,
DIST. BAGALKOT. 587201.
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CP No. 100116 of 2021
5. SMT. PUSHPA W/O CHANDRASHEKHAR HIREMATH
AGE: 56 YEARS, OCC. HOUSEHOLD,
R/O. NARAYANPUR BEHIND CANARA BANK,
DHARWAD - 580008.
6. SRI VISHWANATH S/O PANCHAXARIGOUDA PATIL
AGE: 53 YEARS, OCC. AGRICULTURE,
R/O. JAKANUR, TQ. BADAMI,
DIST. BAGALKOT - 587201.
7. SMT. SARSWATI W/O RAJASHEKARGOUDA PATIL
AGE: 79 YEARS, OCC. HOUSEHOLD,
R/O. JAKANUR, TQ. BADAMI,
DIST. BAGALKOT 587201.
8. KUMARI. VIJAYALAXMI
D/O RAJASHEKHARGOUDA PATIL,
AGE: 57 YEARS, GOVERNMENT SERVANT,
R/O.C/O. DR. HEMANTHANAVAR,
STATION ROAD, BAGALKOT 587101.
9. SRI BHADRAGOUDA S/O RAJASHEKARGOUDA PATIL
AGE: 57 YEARS, OCC. GOVERNMENT SERVANT,
R/O. UB HILL, V CROSS,
DHARWAD - 580007.
10. SRI. JAGADISH S/O RAJASHEKHARGOUDA PATIL
AGE: 56 YEAR, OCC. PRIVATE SERVICE,
R/O. VIDYAGIRI,
TQ. AND DIST. BAGALKOT 587102.
11. SMT. LALITA ALIA SASWHINI
W/O CHANDRASHEKAR HIREMATH,
AGE: 47 YEARS, OCC. HOUSEHOLD,
R/O. NATIONAL GAMES QUARTERS,
KORAMANGALA, BANGALORE 560034.
12. SRI. DARSHAN S/O SURENDRA PURANIK
AGE: 37 YEARS, OCC. SERVICE,
R/O. KALASH BUILDING,
1 CROSS, MANJUNATHPUR,
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CP No. 100116 of 2021
MALAMADDI, NEAR RAYARMATH,
DHAWAD 580007.
13. SRI. GULSHEN S/O SURENDRA PURANIK
AGE: 32 YEARS, OCC. SERVICE,
R/O. KALASH BUILDING,
1 CROSS, MANJUNATHPUR,
MALAMADDI, NEAR RAYARMATH,
DHAWAD 580007.
...RESPONDENTS
(BY SRI. K.B.NAVALAGIMATH, ADV. FOR R1 TO R6 AND
R8 TO R11; R7 - DECEASED)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF
CPC, PRAYING TO TRANSFER R.A.NO.92/2020 PENDING ON
THE FILE OF HON'BLE III ADDITIONAL DISTRICT AND
SESSIONS JUDGE, DHARWAD TO THE HIGH COURT OF
KARNATAKA, DHARWAD BENCH, AT DHARWAD.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Present petition is filed under Section 24 of the Code
of Civil Procedure (for short, 'CPC') seeking to withdraw
the regular appeal in R.A.No.92/2020 pending on the file
of the III Additional District and Sessions Judge, Dharwad
and present it before this Court for disposal along with
RFA.No.100314/2020 pending consideration before this
Court.
CP No. 100116 of 2021
2. It is the contention of the petitioner that the
suit in O.S.No.150/2011 was filed by the respondents No.1
to 11 on the file of the I Additional Senior Civil Judge and
CJM, Dharwad seeking reliefs of declaration, possession
and injunction and in the said suit the petitioner herein
had made a counter claim. The suit came to be decreed,
counter claim was rejected. Being aggrieved by the
rejection of the counter claim, the petitioner has preferred
an appeal before this Court in RFA.No.100314/2020 and
aggrieved by the decree passed in of the suit, the
petitioner has filed an appeal in R.A.No.92/2020 before
the III Additional District and Sessions Judge, Dharwad.
That in view of the pendency of RFA.No.100314/2020
before this Court arising out of the same suit and the
same judgment, the present petition is filed seeking
withdrawal of regular appeal in R.A.No.92/2020 pending
on the file of the III Additional District and Sessions Judge,
Dharwad to this court for common disposal.
CP No. 100116 of 2021
3. Learned counsel for the respondent files a
memo dated 09.01.2023 stating that they have no
objection in withdrawing the said R.A.No.92/2020 and to
be presented before this Court to be heard along with the
aforesaid RFA.No.100314/2020 pending consideration
before this Court.
4. Memo is taken on record and in the aforesaid
factual aspect of the matter, petition is allowed.
5. R.A.No.92/2020 is directed to be withdrawn and
be presented before this Court and post along with
RFA.No.100314/2020.
sd
JUDGE
RH
