Gopalreddy S/O Bhimreddy Reptd ... vs Ramachandrappa S/O Tippanna ...
2023 Latest Caselaw 3612 Kant

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                                                      NC: 2023:KHC-K:1453
                                                        RFA No. 200133 of 2022




                               IN THE HIGH COURT OF KARNATAKA
                                      KALABURAGI BENCH

                             DATED THIS THE 22ND DAY OF JUNE, 2023
                                             BEFORE
                           THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
                               RFA NO. 200133 OF 2022 (DEC/INJ-)

                      BETWEEN:

                      1.   GOPALREDDY S/O BHIMREDDY
                           REP. GPA HOLDER BY NAME
                           M/S KALABURAGI CEMENT PVT LTD HOLDER
                           AGE 55 YEARS, OCC. FACTORY WORKER
                           R/O CHATRASAL VILLAGE CHINCHOLI TALUKA
                           KALABURAGI DISTRICT-585320
                                                                    ...APPELLANT
                      (BY SRI. SUDARSHAN M, ADVOCATE)

                      AND:

                      1.  RAMACHANDRAPPA S/O TIPPANNA BUDDA
                          AGE 55 YEARS, OCC. AGRICULTURE,
                           R/O CHATRASAL VILLAGE, CHINCHOLI TALUKA
Digitally signed by       KALABURAGI DISTRICT-585320.
RAMESH
MATHAPATI             2. HANAMANTH S/O TIPPANNA
Location: HIGH            AGED ABOUT 75 YEARS, OCC AGRICULTURE,
COURT OF
KARNATAKA                 R/O CHATRASAL VILLAGE CHINCHOLI TALUKU
                          DIST: KALABURAGI-585320.
                                                              ...RESPONDENTS
                      (BY SRI.N.S.DESHPANDE AND
                      SRI.SANTOSH A AND H.M.PUJARI, ADVOCATES FOR R1
                       NOTICE R2 IS DISPENSED WITH)

                           THIS RFA FILED U/O 41 RULE 1 R/W SEC. 96 OF CPC,
                      PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
                      DECREE DATED 29.08.2022 PASSED IN O.S. NO. 05/2018 ON
                      THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT
                      CHINCHOLI, ALLOW THE APPEAL WITH COSTS AND GRANT
                      SUCH OTHER RELIEFS AND ETC.
                                 -2-
                                        NC: 2023:KHC-K:1453
                                         RFA No. 200133 of 2022




     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

1. The parties to the appeal have filed a joint memo

which reads as under:

MEMO

"The Counsel for the appellant most humbly submits that, in the above appeal the caveator/Respondent has filed caveat petition and accordingly the appellant on two occasions, went to Om Nagar area, Sedam Road, Kalaburagi, on calling the said Advocate on his cell No., it is learnt that the said caveator Advocate Mr. H.M. Pujari is not in Gulbarga, but past 3 days he is in Bengaluru. In view of the same, the scanned copy of appeal memo and stay IA copies are shared on his WhatsApp No. 7975708707. Hence the service of appeal memo on the caveator/ Respondent may be treated as sufficient and same may be taken on record, in the interest of justice.

NC: 2023:KHC-K:1453 RFA No. 200133 of 2022

2. As could be seen from the above joint memo, it is

stated that respondent No.1 has sold the suit property in

favour of appellant and hence the respondent No.1 and his

LRs have stated that they have no right over the suit

property.

3. In view of the memo, this appeal would not survive

and the same is disposed of in terms of the joint memo.

Sd/-

JUDGE

MSR