Karnataka High Court
Sudha D/O Adiveppa Nesargi vs Sri. Basappa Gurappa Nesaragi on 31 October, 2023
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:12730
MFA No. 103245 of 2018
C/W MFA No. 104501 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 31ST DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.103245/2018(CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.104501/2017(CPC)
IN MFA.NO.103245/2018:
BETWEEN:
SUDHA ADIVEPPA NESARGI,
AGE: 23 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SAMPAGAV,
TQ: BAILHONGAL,
DIST: BELAGAVI - 591102.
...APPELLANT
(BY SRI SANTOSH S. HATTIKATAGI, ADVOCATE)
AND:
Digitally 1. SHRI BASAPPA GURAPPA NESARGI,
signed by
BHARATHI AGE: 69 YEARS,
HM OCC: AGRICULTURE,
R/O: SAMPAGAV,
TQ: BAILHONGAL,
DIST: BELAGAVI - 591102.
2. SHRI SATHAPPA GURAPPA NESARGI,
AGE: 54 YEARS,
OCC: AGRICULTURE,
R/O: SAMPAGAV,
TQ: BAILHONGAL,
DIST: BELAGAVI - 591102.
3. SMT. NEELAWWA BABU AMBALI,
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
-2-
NC: 2023:KHC-D:12730
MFA No. 103245 of 2018
C/W MFA No. 104501 of 2017
R/O: HOLIHOSUR, TQ: BAILHONGAL,
DIST: BELAGAVI - 591102.
4. SMT.GOURAVVA @ MAUDAKAVVA
CHANDRAKANTH SAMPGAVI,
AGE: 56 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SAMPAGAV,
TQ: BAILHONGAL,
DIST: BELAGAVI - 591102
...RESPONDENTS
(BY SMT. G B NAIK AND SMT. P. G. NAIK, ADVOCATES
FOR C/R1)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF THE CODE
OF CIVIL PROCEDURE, 1908, PRAYING TO ALLOW THE APPEAL BY
SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED
SENIOR CIVIL JUDGE, BAILHONGAL ON I.A.NO.4 IN
O.S.NO.107/2017 DATED 04.07.2018, IN THE INTEREST OF JUSTICE
AND EQUITY.
IN MFA.NO.104501/2017:
BETWEEN:
SUDHA D/O. ADIVEPPA NESARGI,
AGE: 22 YEARS,
OCC: HOUSEHOLD,
R/O: SAMPAGAON,
TQ: BAILHONGAL,
DIST: BELAGAVI,
PINCODE - 591102.
...APPELLANT
(BY SRI SANTOSH S. HATTIKATAGI, ADVOCATE)
AND:
1. SRI BASAPPA GURAPPA NESARGI,
AGE: 68 YEARS,
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NC: 2023:KHC-D:12730
MFA No. 103245 of 2018
C/W MFA No. 104501 of 2017
OCC: AGRICULTURE,
R/O: SAMPAGAONV,
TQ: BAILHONGAL,
DIST: BELAGAVI - 591102.
2. SRI SATHAPPA GURAPPA NESARGI,
AGE: 53 YEARS,
OCC: AGRICULTURE,
R/O: SAMPAGAONV,
TQ: BAILHONGAL,
DIST: BELAGAVI - 591102.
3. SMT. NEELAWWA BABU AMBALLI,
AGE: 62 YEARS,
OCC: AGRICULTURE,
R/O:SAMPAGAONV,
TQ: BAILHONGAL,
DIST: BELAGAVI - 591102.
4. SMT.GOURAWWA @ MAUDAKAWWA
CHANDRAKANTH SAMPGAVI,
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O: SAMPAGAONV, TQ: BAILHONGAL,
DIST: BELAGAVI - 591102.
...RESPONDENTS
(BY SMT. P. G. NAIK, ADVOCATE FOR R1;
R2, R3 AND R4 ARE SERVED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1 R/W SECTION
104 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE
THE IMPUGNED ORDER ON I.A.NO.1 DATED 27.11.2017 IN
O.S.NO.107/2017 PASSED BY THE SENIOR CIVIL JUDGE,
BAILHONGAL BY REJECTING THE APPLICATION FILED BY THE
RESPONDENT NO.1 UNDER U/O 39 RULE 1 AND 2 OF CPC BY
ALLOWING THE THIS APPEAL IN INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:12730
MFA No. 103245 of 2018
C/W MFA No. 104501 of 2017
JUDGMENT
Learned counsel for the appellant and respondents
jointly submit that O.S. No.107/2017 has been disposed
off. Therefore, it is submitted that the appeals have
become infructuous.
2. Placing submissions of counsels on record, the
appeals are dismissed as having become infructuous.
SD/-
JUDGE
SSP
CT-ASC
