Karnataka High Court
Subhash Ramappa Tadakod vs Kumari Jyoti D/O Mahantayya ... on 20 June, 2023
Bench: Rajendra Badamikar
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RSA No. 100157 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
REGULAR SECOND APPEAL NO. 100157 OF 2021 (PAR)
BETWEEN:
SUBHASH RAMAPPA TADAKOD
AGED ABOUT 41 YEARS,
OCC: AGRICULTURE,
R/O: HIREHATTIHOLI-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
...APPELLANT
(BY SRI. B.M.PATIL, ADVOCATE)
AND:
SHRI. MAHANTAYYA
S/O RUDRAYYA HIREMATH
R/O: HIREHATTIHOLI,
TQ: KHANAPUR,
YASHAVANT
Digitally
signed by
DIST: BELAGAVI.
NARAYANKAR YASHAVANT
NARAYANKAR
SINCE DECEASED BY HIS LRS.
1.
KUMARI JYOTI D/O MAHANTAYYA HIREMATH
AGED ABOUT 24 YEARS,
OCC: STUDENT,
R/O: HITTANAGI-591126,
TQ: SAUNDATTI, DIST: BELAGAVI.
2. KUMARI AISHWARYA
D/O MAHANTAYYA HIREMATH
AGED ABOUT 20 YEARS,
OCC: STUDENT
R/O: HITTANAGI-591126,
TQ: SAUNDATTI, DIST: BELAGAVI.
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RSA No. 100157 of 2021
3. KUMARI SANJANA
D/O MAHANTAYYA HIREMATH
AGED ABOUT 18 YEARS,
OCC: STUDENT,
R/O: HITTANAGI-591126,
TQ: SAUNDATTI,
DIST: BELAGAVI.
4. KUMARI MEGHA
D/O MAHANTAYYA HIREMATH
AGED ABOUT 14 YEARS,
OCC: STUDENT,
R/O: HITTANAGI-591126,
TQ: SAUNDATTI,
DIST: BELAGAVI.
(RESPONDENT NO.4, SINCE MINOR,REPRESENTED BY
THEIR MINOR GUARDIAN SISTER RESPONDENT NO.1)
5. SHRI. SHIVALINGAYYA
S/O RUDRAYYA HIREMATH
( DIED ON 17.04 2012,
UNMARRIED AND ISSUELESS,
NOTE PLAINTIFF AND DEFENDANT NO.1 ARE HIS SISTER
AND BROTHER AND DEFENDANT NO.3 IS HIS STEP
MOTHER,
WHO ARE THE NEAREST LEGAL HEIRS
AND THEY ARE ON RECORD)
6. SMT. GANGAVVA W/O RUDRAYYA HIREMATH
AGED ABOUT 80 YEARS,
OCC: AGRICULTURE,
R/O: HIREHATTIHOLI-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
7. SMT. NEELAVVA
W/O RUDRAYYA HIREMATH
AGED ABOUT 70 YEARS,
OCC: AGRICULTURE,
R/O: HIREHATTIHOLI-591131,
TQ : KHANAPUR,
DIST: BELAGAVI.
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RSA No. 100157 of 2021
DIED ON 30.04.2011, PLAINTIFF
AND DEFENDANT NOS.1 TO 3 ONLY ARE HER LRS.
SHRI. NIJALINGAYYA
S/O SHIVALINGAYYA HIREMATH
SINCE DECEASED BY HIS LRS
8.
SMT. SHANTAVVA 1ST WIFE OF NIJALINGAYYA HIREMATH
AGED ABOUT 69 YEARS,
OCC: AGRICULTURE,
R/O: HIREHATTIHOLI-591131,
TQ : KHANAPUR,
DIST: BELAGAVI.
9. SMT. KASHAVVA 2ND WIFE OF NIJALINGAYYA HIREMATH
AGED ABOUT 59 YEARS,
OCC: AGRICULTURE,
R/O: HIREHATTIHOLI-591131,
TQ : KHANAPUR,
DIST: BELAGAVI.
10. SHRI. MANJAYYA S/O NIJALINGAYYA HIREMATH
AGED ABOUT 34 YEARS,
OCC: AGRICULTURE,
R/O: HIREHATTIHOLI 591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
11. SHRI. SANJAYYA S/O. NIJALINGAYYA HIREMATH
AGED ABOUT 31 YEARS,
OCC: AGRICULTURE,
R/O: HIREHATTIHOLI-591131,
TQ : KHANAPUR,
DIST: BELAGAVI.
12. SHRI. SHIVANDAYYA
S/O NIJALINGAYYA HIREMATH
AGED ABOUT 28 YEARS,
OCC: AGRICULTURE,
R/O: HIREHATTIHOLI-591131,
TQ : KHANAPUR,
DIST: BELAGAVI.
13. SHRI. IRAYYA S/O AMRUTAYYA HIREMATH
AGED ABOUT 50 YEARS,
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RSA No. 100157 of 2021
OCC: AGRICULTURE,
R/O: HIREHATTIHOLI-591131,
TQ : KHANAPUR,
DIST: BELAGAVI.
14. SHRI. SHRISHAIL SATERAYYA PUJAR
AGED ABOUT 55 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKAHATTIHOLI-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
15. SHRI. BASAYYA SATERAYYA PUJAR
AGED ABOUT 51 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKAHATTIHOLI-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
16. SHRI. MALLIKARJUN SATERAYYA PUJAR
AGED ABOUT 43 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKAHATTIHOLI-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
17. SHRI. VEERBHADRAYYA SATERAYYA PUJAR
AGED ABOUT 46 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKAHATTIHOLI-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
18. SHRI. ADAVAYYA SATERAYYA PUJAR
AGED ABOUT 44 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKAHATTIHOLI-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
19. SHRI. SHEKHARAYYA SATERAYYA PUJAR
AGED ABOUT 42 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKAHATTIHOLI-591131,
TQ: KHANAPUR, DIST: BELAGAVI.
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RSA No. 100157 of 2021
20. SHRI. DUNDAYYA SATERAYYA PUJAR
AGED ABOUT 35 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKAHATTIHOLI-591131,
TQ: KHANAPUR, DIST: BELAGAVI.
21. SMT. RACHAVVA CHAMBAYYA HIREMATH
AGED ABOUT 57 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKAHATTIHOLI-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
22. SMT. SARJAVVA IRAYYA PUJAR
AGED ABOUT 52 YEARS,
OCC: AGRICULTURE,
R/O: GANIKOPP 591103,
TQ: BAILHONGAL,
DIST: BELAGAVI.
23. SMT. MAHADEVI SHANKARAYYA MATHAD
AGED ABOUT 37 YEARS,
OCC: AGRICULTURE,
R/O: CHIKKAHATTIHOLI-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
24. SMT. SAVAKKA ASHOK KAMBI
AGED ABOUT 48 YEARS,
OCC: AGRICULTURE,
R/O: GADDIKARVINKOPP-591109,
TQ AND DIST: BELAGAVI.
25. SHRI. GADIGAYYA BASAVANAYYA HIREMATH
AGED ABOUT 55 YEARS,
OCC: AGRICULTURE,
R/O: KADROLLI-591153,
TQ: BAILHONGAL,
DIST: BELAGAVI.
26. SHRI. ADRUSHAYYA BASAVANAYYA HIREMATH
AGED ABOUT 53 YEARS,
OCC: AGRICULTURE,
R/O: KADROLLI-591153,
TQ: BAILHONGAL,
DIST: BELAGAVI.
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RSA No. 100157 of 2021
27. SHRI. IRAYYA BASAVANAYYA HIREMATH
AGED ABOUT 51 YEARS,
OCC: AGRICULTURE,
R/O: KADROLLI-591153,
TQ: BAILHONGAL, DIST: BELAGAVI.
28. SMT. NEELAVVA BASAVARAJ GUNDKALMATH
AGED ABOUT 48 YEARS,
OCC: AGRICULTURE,
R/O: VEERAPUR-591118,
TQ: BAILHONGAL,
DIST: BELAGAVI.
29. SMT. GADIGEVVA SHIVANINGAYYA KALMATH
AGED ABOUT 61 YEARS,
OCC: AGRICULTURE,
R/O: PARISHWAD-591131,
TQ: KHANAPUR,
DIST: BELAGAVI.
30. SMT. REKHA @ SUREKHA
W/O GADEGAYYA HIREMATH,
AGED ABOUT 48 YEARS,
OCC: AGRICULTURE,
R/O: KADROLLI-591153,
TQ: BAILHONGAL,
DIST: BELAGAVI.
...RESPONDENTS
THIS RSA IS FILED U/SEC.100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 25.09.2020 PASSED IN
R.A.NO.152/2014 ON THE FILE OF THE X ADDITIONAL DISTRICT
AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE APPEAL
AND MODIFYING THE JUDGMENT AND DECREE DTD 09.06.2014
PASSED IN O.S. NO.26/2009 ON THE FILE OF THE SENIOR CIVIL
JUDGE, KHANAPUR, PARTLY DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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RSA No. 100157 of 2021
ORDER
Learned counsel for the appellant filed a memo for
withdrawal of the appeal. Perused the records.
The memo is placed on record.
In view of the same, the appeal is dismissed as
withdrawn.
Sd/-
JUDGE
SSP
