Megharaj S/O Ameechand Jain vs Bhimappa Adopted S/O Krishnappa ...
2023 Latest Caselaw 3462 Kant

                                                         -1-
                                                                 RFA No. 100055 of 2023




                                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                       DATED THIS THE 19TH DAY OF JUNE, 2023
                                                      PRESENT
                                     THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                                        AND
                                    THE HON'BLE MR JUSTICE VENKATESH NAIK T
                                    REGULAR FIRST APPEAL NO. 100055 OF 2023


                            BETWEEN:


                            MEGHARAJ S/O. AMICHAND JAIN,
                            AGE: 59 YEARS, OCC. AGRICULTUE
                            AND BUSINESS, NOW R/AT: NEAR DIWAKAR HOSPITAL,
                            KESHWAPUR, HUBBALLI, DIST: DHARWAD-580023.

                                                                            ...APPELLANT
                            (BY SRI.PRASHANT S.HOSAMANI, ADVOCATE)


                            AND:


                            1.   BHIMAPPA ADOPTED S/O. KRISHNAPPA PUJAR,
                                 AGE: 55 YEARS, OCC: AGRICULTURE,
                                 R/O. GOKUL, TQ: HUBBALLI, DIST: DHARWAD,
MOHANKUMAR
B SHELAR
                                 BEING OF MENTALLY UNSOUND MIND
                                 R/BY NEXT FRIEND ADOPTIVE MOTHER,
Digitally signed by
MOHANKUMAR B SHELAR              TIPPAVVA KRISHNAPPA PUJAR,
Location: high court
karnataka Dharwad bench
Date: 2023.06.21 15:45:58
+0530
                                 AGE: 75 YEARS, OCC: HOUSEHOLD WORK,
                                 GOKUL VILLAGE, TQ: HUBBALLI,
                                 DIST: DHARWAD-580021.

                            2.   ANJANA D/O. BHIMAPPA PUJAR,
                                 AGE: 15 YEARS, OCC: STUDENT,
                                 HUBBALLI, DIST: DHARWAD,
                                 MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER
                                 MANJULA W/O. CHANDRASHEKAR MENASINKAI,
                                 AGE: MAJOR, OCC: HOUSEHOLD,
                                 R/O: HUBBALLI, DIST: DHARWAD-580021.

                            3.   ABHISHEK S/O: BHIMAPPA PUJAR,
                                 AGE: 9 YEARS, OCC: STUDENT,
                              -2-
                                      RFA No. 100055 of 2023




     HUBBALLI, DIST: DHARWAD,
     MINOR REPRESENTED BY
     NATURAL GUARDIAN MOTHER
     MANJULA W/O. CHANDRASHEKAR MENASINKAI,
     AGE: MAJOR, OCC: HOUSEHOLD,
     R/O: HUBBALLI, DIST: DHARWAD.

4.   TIPPAVVA W/O. KRISHNAPPA PUJAR,
     AGE: 75 YEARS, OCC: HOUSEHOLD WORK,
     R/O: GOKUL VILLAGE,
     TQ: HUBBALLI, DIST: DHARWAD-580021.

5.   SHANTILAL S/O. KANJIBAI DIVINE @ PATEL,
     AGE: 50 YEARS, OCC: BUSINESS,
     R/O. UNKAL VILLAGE,
     HUBBALLI, DIST: DHARWAD-580021.

6.   RAMESH S/O. KANJIBAI DIVINE @ PATEL,
     AGE: 50 YEARS, OCC: BUSINESS,
     R/O. UNKAL VILLAGE, HUBBALLI,
     DIST. HUBBALLI-580021.

7.   CHANDUBAI S/O. KANJIBAI DIVINE @ PATEL,
     AGE: 50 YEARS, OCC: BUSINESS,
     R/O: UNKAL VILLAGE, HUBBALLI,
     DIST: DHARWAD-580021.

                                               ...RESPONDENTS
     THIS RFA IS FILED BY THE APPELLANT MOST HUBLY PRAYS
THAT: A) THE HON'BLE COURT BE PLEASED TO SET ASIDE THE
IMPUGNED ORDER ON I.A.NO.32 DATED 07-02-2023 PASSED IN
O.S. NO.146/2006 THEREBY DISPOSING OFF THE SUIT AS NOT
PRESSED LEARNED PRINCIPAL SENIOR CIVIL JUDGE HUBBALLI, BY
ALLOWING THIS APPEAL AND DECREEING THE SUIT IN THE ENDS OF
JUSTICE AND EQUITY. B) ALTERNATIVELY, IT IS PRAYED THAT THE
SUIT O.S.NO.146/2006 BE RESTORED TO ITS ORIGINAL FILE OF
PRINICPAL SENIOR CIVIL JUDGE HUBBALLI WITH A DIRECTION TO
GIVE FINDINGS ON ALL ISSUES FRAMED THEREIN AS PER
DIRECTIONS GIVEN BY HIGH COURT OF KARNATAKA AS PER
DIRECTIONS GIVEN BY HIGH COURT OF KARNATAKA IN RFA
3123/2011 DATED 26/11/2014.


    THIS RFA COMING ON FOR ORDERS THIS DAY, ASHOK S.
KINAGI J., DELIVERED THE FOLLOWING:
                               -3-
                                      RFA No. 100055 of 2023




                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal with liberty to make an

application before the trial court.

Memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn

with the aforesaid liberty.

However, if such an application is filed by the

appellant, the trial court is directed to consider the

application and pass appropriate orders, in accordance

with law.

Sd/-

JUDGE

Sd/-

JUDGE

MBS