Karnataka High Court
Shivabai W/O Narayan Hunagund vs Pushpa W/O Dhanapal Karadi on 12 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2024:KHC-K:1450-DB
RFA No.200078 of 2017
C/W RFA No.200079 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
REGULAR FIRST APPEAL NO.200078 OF 2017 (PAR/POS)
C/W
REGULAR FIRST APPEAL NO.200079 OF 2017 (PAR/POS)
IN R.F.A. No.200078/2017
BETWEEN:
1. SHIVABAI
W/O NARAYAN HUNAGUND
AGE: 63 YEARS, OCC: HOUSEHOLD
2. SMT. RATNA
W/O SURESH SHINDE
AGE: 61 YEARS, OCC: HOUSEHOLD
Digitally signed 3. SMT. ANUSUYA
by SWETA
KULKARNI W/O NAGARAJGOUDA GOUDAR
Location: HIGH
COURT OF AGE: 56 YEARS, OCC: HOUSEHOLD
KARNATAKA
4. SMT. KASTURI
W/O RAMESHGOUDA
AGE: 54 YEARS, OCC: HOUSEHOLD
ALL R/O VAIBHAV NIVAS
NEAR B.S.N.L. OFFICE
NAVANAGAR, HUNAGUNDA
TQ. HUNAGUNDA, DIST. BAGALKOT.
...APPELLANTS
(BY SRI S.B.HANGARKI, ADVOCATE)
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RFA No.200078 of 2017
C/W RFA No.200079 of 2017
AND:
1. PUSHPA
W/O DHANAPAL KARADI
AGE: 54 YEARS, OCC: HOUSEHOLD
2. KANCHAN
D/O DHANAPAL KARADI
AGE: 31 YEARS, OCC: HOUSEHOLD
ALL R/O NAVABAG, KARADI GARDEN
VIJAYAPURA - 586 101.
3. JANAKI
W/O HARSHAWARDHAN JAGADISH GOUDAR
AGE: 27 YEARS, OCC: HOUSEHOLD
C/O N.S.JAGADISH GOUDAR
HUVIN HADAGALI
DIST. BELLARY - 583 103.
4. BAKULAWATI
W/O DHANPAL KARADI
AGE: 23 YEARS, OCC: HOUSEHOLD
R/O NAVABAG, KARADI GARDEN
VIJAYAPURA - 586 101.
5. DHOULATBAI
W/O PRAKASHGOUDA
AGE: 57 YEARS, OCC: HOUSEHOLD
R/O VAIBHAV NIVAS
NEAR B.S.N.L. OFFICE
NAVANAGAR, HUNAGUNDA
TQ: HUNAGUND, DIST: BAGALKOT
NOW AT C/O B.H.SHIVAYYAGOUDA
OLD GUNJ ROAD
NEAR AGGI KATTA P.O.AT SEDAM
DIST: KALABURAGI - 585 222.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R1 TO R4;
NOTICE TO R5 IS HELD SUFFICIENT V/O. DATED 30.05.2019)
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RFA No.200078 of 2017
C/W RFA No.200079 of 2017
THIS REGULAR FIST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER 41 RULE 1 OF CODE OF CIVIL
PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL
JUDGE AT VIJAYAPURA, DATED 09.03.2017 IN
O.S.NO.35/2013, AND THEREBY CONSEQUENTLY DECREE
THE SUIT, IN THE INTEREST OF JUSTICE AND EQUITY.
IN R.F.A. No.200079/2017
BETWEEN:
1. SHIVABAI
W/O NARAYAN HUNAGUND
AGE: 63 YEARS
OCC: HOUSEHOLD WORK
2. SMT. RATNA
W/O SURESH SHINDE
AGE: 61 YEARS
OCC: HOUSEHOLD WORK
3. SMT. ANUSUYA
W/O NAGARAJGOUDA GOUDAR
AGE: 56 YEARS
OCC: HOUSEHOLD WORK
4. KASTURI
W/O RAMESHGOUDA
AGE: 53 YEARS
OCC: HOUSEHOLD WORK
ALL R/O VAIBHAV NIVAS
NEAR B.S.N.L. OFFICE
NAVANAGAR, HUNAGUNDA
TQ. HUNAGUNDA, DIST. BAGALKOT.
...APPELLANTS
(BY SRI S.B.HANGARKI, ADVOCATE)
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NC: 2024:KHC-K:1450-DB
RFA No.200078 of 2017
C/W RFA No.200079 of 2017
AND:
1. PUSHPA
W/O DHANAPAL KARADI
AGE: 53 YEARS, OCC: HOUSEHOLD WORK
2. KANCHAN
D/O DHANAPAL KARADI
AGE: 31 YEARS, OCC: HOUSEHOLD WORK
3. JANAKI
W/O HARSHAWARDHAN JAGADISH GOUDAR
AGE: 27 YEARS, OCC: HOUSEHOLD WORK
4. BAKULAWATI
W/O DHANPAL KARADI
AGE: 23 YEARS, OCC: HOUSEHOLD WORK
ALL R/O KARADI BUNGLOW, NAVABAG,
VIJAYAPUR-586101
5. DAULATBAI
W/O PRAKASHGOUDA
AGE: 57 YEARS, OCC: HOUSEHOLD
R/O VAIBHAV NIVAS
NEAR B.S.N.L. OFFICE
NAVANAGAR, HUNAGUND
TQ: HUNAGUND, DIST: BAGALKOT
NOW AT C/O B.H.SHIVAYYAGOUDA
OLD GUNJ ROAD
NEAR AGGI KATTA P.O.AT SEDAM
DIST: KALABURAGI - 585 222.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R1 TO R4;
NOTICE TO R5 IS HELD SUFFICIENT)
THIS REGULAR FIST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER 41 RULE 1 OF CODE OF CIVIL
PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL
JUDGE AT VIJAYAPURA, DATED 09.03.2017 IN
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RFA No.200078 of 2017
C/W RFA No.200079 of 2017
O.S.NO.60/2014, AND THEREBY CONSEQUENTLY DISMISS
THE SUIT, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE REGULAR FIRST APPEALS COMING ON FOR
ORDERS THIS DAY, B.M.SHYAM PRASAD J., DELIVERED THE
FOLLOWING:
JUDGMENT
These appeals are filed calling in question the common
judgment and decree in O.S.No.35/2013 and
O.S.No.60/2014 on the file of the Principal Senior Civil
Judge, Vijayapur. The appeal in RFA No.200078/2017 is by
the plaintiffs in O.S.No.35/2013 and the appeal in RFA
No.200079/2017 is also by them but they are the
defendants in O.S.No.60/2014.
Presently, a common memo is filed by the appellants,
as identified by the learned counsel on record, for leave to
withdraw these appeals. The appellants submits that they
have paid Court fee in both the appeals and there must be
refund of the same. However, this Court must reject the
request for refund of Court fee in the absence of enabling
provisions, but grant the request for leave to withdraw these
NC: 2024:KHC-K:1450-DB
appeals. Hence, the appeals stand dismissed as withdrawn
without orders for refund of Court fee.
Sd/-
JUDGE
Sd/-
JUDGE
SWK
Ct;vk
