Smt.Shailashree W/O Chandar Kalal vs Shri.Prakash S/O Rajaram Kalal
2024 Latest Caselaw 3581 Kant

Karnataka High Court

Smt.Shailashree W/O Chandar Kalal vs Shri.Prakash S/O Rajaram Kalal on 6 February, 2024

                                                    -1-
                                                                NC: 2024:KHC-D:2654-DB
                                                            RFA No. 100492 of 2019




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                DATED THIS THE 6TH DAY OF FEBRUARY 2024
                                                 PRESENT
                                THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                                   AND
                                  THE HON'BLE MR JUSTICE RAJESH RAI K
                           REGULAR FIRST APPEAL NO. 100492 OF 2019 (PAR/POS)


                      BETWEEN:

                      SMT. SHAILASHREE W/O. CHANDAR KALAL
                      AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
                      R/O: 1ST MAIN ROAD, RAMNAGAR,
                      NEAR N.T.T.F., DHARWAD.
                                                                      ...APPELLANT
                      (BY SMT.KAVITA JADHAV FOR SRI.ARUN L.NEELOPANT, ADVOCATEs)


                      AND:

                      1.    SHRI. PRAKASH S/O. RAJARAM KALAL
                            AGE: 57 YEARS, OCC: PRIVATE SERVICE,
                            R/O: I.T.C.LAYOUT, H.NO.156,
                            CHANDRA LAYOUT, 1ST STAGE,
                            P.O.NAYANAHALLI, BENGALURU-560039.

MOHANKUMAR
B SHELAR
                      2.    SHRI. GIRIDHAR S/O. RAJARAM KALAL
Digitally signed by
                            AGE: 42 YEARS, OCC: SERVICE IN
MOHANKUMAR B
SHELAR
Date: 2024.02.13
                            RESERVE BANK OF INDIA,
10:16:51 +0530

                            R/O: E-6, BLOCK GATE,
                            NASIK ROAD, NASIK,
                            STATE: MAHARASHTRA-422001.

                      3.    SMT. SUNANDA W/O. ASHOK KALAL
                            AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
                            R/O: JAVALI BAZAR, DIST: GADAG-582101.

                      4.    SMT. SAROJINI W/O. PARASHURAM KALAL
                            AGE: 72 YEARS, OCC: HOUSEHOLD WORK,
                            R/O: JAVALI BAZAR, DIST: GADAG-582101.

                      5.    MALATIBAI D/O. PARASHURAM KALAL
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                                       NC: 2024:KHC-D:2654-DB
                                    RFA No. 100492 of 2019




     AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
     R/O: JAVALI BAZAR, DIST: GADAG-582101.

6.   JAWAHAR S/O. PARASHURAM KALAL
     AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
     R/O: JAVALI BAZAR, DIST: GADAG-582101.

7.   SUNITA D/O. PARASHURAM KALAL
     AGE: 38 YEARS, OCC: HOUSEHOLD WORK,
     R/O: JAVALI BAZAR, DIST: GADAG-582101.

8.   RENUKA D/O. PARASHURAM KALAL
     AGE: 32 YEARS, OCC: HOUSEHOLD WORK,
     R/O: JAVALI BAZAR, DIST: GADAG-582101.

9.   ANURADHA W/O. ANIL KALAL
     AGE: 36 YEARS, OCC: HOUSEHOLD WORK,
     R/O: KALAL ONI, BADAMI,
     DIST: BAGALKOT-587201.

10. SMT. SUDHA W/O. JAGANNATH KALAL
    AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
    R/O: OLD DANDELI, TQ: HALIYAL,
    DIST: UTTARA KANNADA-581325.
                                              ...RESPONDENTS

(BY SRI.PRAKASH KALAL, ADVOCATE FOR R1;
    SRI.R.G.NAIDU AND SRI.L.K.LAMANI, ADVOCATES FOR R10;
    NOTICE TO R2, R5 AND R9 ARE SERVED;
    NOTICE TO R3, R4, R6 TO R8 ARE HELD SUFFICIENT)


      THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 04.09.2019
PASSED IN O.S.NO.256/2014 ON THE FILE OF THE     ADDITIONAL
SENIOR CIVIL JUDGE, GADAG, PARTLY DECREEING THE SUIT FILED
FOR PARTITION AND SEPARATE POSSESSION.


      THIS APPEAL COMING ON FOR HEARING, THIS DAY,
ASHOK S. KINAGI, J., MADE THE FOLLOWING:
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                                          NC: 2024:KHC-D:2654-DB
                                     RFA No. 100492 of 2019




                            ORDER

After hearing for sometime, the learned counsel for

the appellant seeks leave of this Court to withdraw the

appeal with liberty to file Final Decree Proceedings and

also to include the present suit properties in the Final

Decree Proceedings.

The memo is placed on record.

The appeal is dismissed as withdrawn with the

aforesaid liberty.

Sd/-

JUDGE

Sd/-

JUDGE

kmv ct: vh