Karnataka High Court
Shri.Gurunath vs Smt.Kasturibai on 14 February, 2024
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NC: 2024:KHC-D:3537
RSA No. 100935 of 2016
C/W RSA No. 100611 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
REGULAR SECOND APPEAL NO.100935/2016(PAR)
C/W
REGULAR SECOND APPEAL NO.100611/2016
IN RSA.NO.100935/2016:
BETWEEN:
SHRI GURUNATH
S/O. ISHWARAPPA BANNIGIDAD,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O: BHUDHAVAR PETH, HOSPET ONI,
(MATAPATIYAVAR ONI) HEBBALLI,
TQ AND DIST: DHARWAD - 580 001.
...APPELLANT
(BY SRI MADANMOHAN M. KHANNUR, ADVOCATE)
AND:
1. SMT. KASTURIBAI W/O. KAREPPA VASTER,
AGE: 55 YEARS,
Digitally
signed by OCCU: HOUSEHOLD WORK,
VINAYAKA R/O: JANATA PLOT SHIVANAND
BV
MATH ROAD, HEBBALLI,
TQ AND DIST: DHARWAD - 580 001.
2. SMT. RAYAWWA W/O. GANGARAM VAKODE,
AGED ABOUT 39 YEARS,
OCC: HOUSEHOLD WORK,
R/O: DODDAWAD,
TQ: BAILHONGAL - 591 102,
DIST: BELAGAVI.
3. UMESH
S/O. KAREPPA VASTER,
AGED ABOUT 32 YEARS,
OCCU: BUSINESS AND AGRICULTURE,
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NC: 2024:KHC-D:3537
RSA No. 100935 of 2016
C/W RSA No. 100611 of 2016
R/O: JANATA PLOT
SHIVANAND MATH ROAD, HEBBALLI,
TQ AND DIST: DHARWAD - 580 001.
4. SMT. MANJULA
W/O. RAGHAVENDRA BOL,
AGED ABOUT 29 YEARS,
OCC: HOUSEHOLD WORK,
R/O: BADAMI - 587 201,
TQ: BADAMI, DIST: BAGALKOTE.
5. LAXMIBAI W/O. MAHADEVAPPA VASTER,
AGED: 79 YEARS, OCC: HOUSEHOLD,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST: DHARWAD - 580 001.
6. NARAYAN
S/O. MAHADEVAPPA VASTER,
AGED: 63 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST: DHARWAD - 580 001.
7. KRISHNA S/O. NARAYAN VASTER,
AGED: 35 YEARS,
OCC: BUSINESS AND AGRI.,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST: DHARWAD - 580 001.
8. VITTAL
S/O NARAYAN VASTER,
AGED: 33 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST: DHARWAD - 580 001.
9. GOPAL
S/O NARAYAN VASTER,
AGED: 27 YEARS,
OCC: BUSINESS AND AGRI,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
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NC: 2024:KHC-D:3537
RSA No. 100935 of 2016
C/W RSA No. 100611 of 2016
TQ AND DIST: DHARWAD - 580 001.
10. RAMACHANDRAPPA
S/O. MAHADEVAPPA VASTER,
AGED: 57 YEARS,
OCC: BUSINESS AND AGRI.,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST: DHARWAD - 580 001.
11. SUMITRA W/O. NAGARAJ GUDKAR,
AGED: 33 YEARS, OCC: HOUSEHOLD,
R/O: KALIDAS NAGAR,
NEAR KUNDGOL BUS STAND,
TQ: KUNDGOL- 581 113,
TQ AND DIST: DHARWAD.
12. ANNAPURNA W/O. RAMESH PARAGE,
AGED: 26 YEARS, OCC: HOUSEHOLD,
R/O: MUNAVALLI,
TQ: SAVADATTI - 591 126,
DIST: BELAGAVI.
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 30.11.2015 PASSED IN
R.A.NO.30/2014 ON THE FILE OF THE III - ADDITIONAL SENIOR
CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND
DECREE DATED 01.01.2014, PASSED IN O.S.NO.756/2011 ON THE
FILE OF THE III - ADDITIONAL CIVIL JUDGE (JR.DN.) AND JUDICIAL
MAGISTRATE FIRST CLASS, DHARWAD, PARTLY DECREEING THE
SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
IN RSA.NO.100611/2016:
BETWEEN:
1. SMT.LAXMIBAI W/O. MAHADEVAPPA WASTER,
AGED ABOUT 78 YEARS,
OCC: HOUSEHOLD WORK AND
AGRICULTURE, R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST: DHARWAD - 580 112.
2. NARAYAN S/O. MAHADEVAPPA VASTER,
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RSA No. 100935 of 2016
C/W RSA No. 100611 of 2016
AGED: 61 YEARS,
OCC: BUSINESS AND AGRI.,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST: DHARWAD-580112.
3. KRISHNA S/O. NARAYAN VASTER,
AGED: 33 YEARS,
OCC: BUSINESS AND AGRI.,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST: DHARWAD - 580 112.
4. VITTAL S/O. NARAYAN VASTER,
AGED: 61 YEARS,
OCC: BUSINESS AND AGRI.,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST: DHARWAD - 580 112.
5. GOPALS/O. NARAYAN VASTER,
AGED: 61 YEARS, OCC: BUSINESS AND AGRI.,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
TQ AND DIST DHARWAD - 580 112.
6. RAMACHANDRAPPA
S/O. MAHADEVAPPA VASTER,
AGED: 61 YEARS,
OCC: BUSINESS AND AGRI.,
R/O: NEAR GRAM PANCHAYATH,
HEBBALLI,
DIST: DHARWAD - 580 112.
...APPELLANTS
(BY SRI B. K. MALLIGAWAD, ADVOCATE)
AND:
1. SMT.KASTURIBAI
W/O. KAREPPA VASTER,
AGED: 53 YEARS,
OCC: HOUSEHOLD WORK,
R/O: JANATA PLOT
SHIVANAND MATH ROAD, HEBBALLI,
TQ AND DIST DHARWAD - 580 112.
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NC: 2024:KHC-D:3537
RSA No. 100935 of 2016
C/W RSA No. 100611 of 2016
2. SMT.RAYAWWA
W/O. GANGARAM VAKODE,
AGED ABOUT 38 YEARS,
OCC: HOUSEHOLD WORK,
R/O: BADAMI, TQ: BADAMI,
DIST: BAGALKOTE - 587 201.
3. UMESH S/O. KAREPPA VASTER,
AGED ABOUT 32 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: JANATA PLOT
SHIVANAND MATH ROAD, HEBBALLI,
TQ AND DIST: DHARWAD - 580 112.
4. SMT. MANJULA W/O. RAGHAVENDRA BOL,
AGED ABOUT 29 YEARS,
OCC: HOUSEHOLD WORK,
R/O: BADAMI, TQ: BADAMI,
DIST: BAGALKOTE - 587 201.
5. SUMITRA W/O. NAGARAJ GUDKAR,
AGED: 31 YEARS, OCC: HOUSEHOLD,
R/O: KASLIDAS NAGAR,
NEAR KUNDGOL BUS STAND,
TQ: KUNDGOL- 581 013,
DIST: DHARWAD.
6. ANNAPURNA W/O. RAMESH PARAGE,
AGED: 24 YEARS, OCC: HOUSEHOLD,
R/O: MUNAVALLI, TQ: SAVADATTI - 591 126,
DIST: DHARWAD.
7. GURUNATH
S/O. ISHWARAPPA BANNIGIDAD,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O BUDHAVAR PETH, HOSPET ONI,
HEBBALLI DHARWAD - 580 112.
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC., 1908
AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 PASSED
IN R.A.NO.30/2014 ON THE FILE OF THE III - ADDITIONAL SENIOR
CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD
ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND
DECREE DATED 01.01.2014, PASSED IN O.S.NO.756/2011 ON THE
FILE OF THE III - ADDITIONAL CIVIL JUDGE (JR.DN.) AND JUDICIAL
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NC: 2024:KHC-D:3537
RSA No. 100935 of 2016
C/W RSA No. 100611 of 2016
MAGISTRATE FIRST CLASS, DHARWAD, PARTLY DECREEING THE
SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant submits that the parties
have settled the dispute and therefore this appeal may be dismissed
as infructuous.
Learned counsel for the appellants in RSA No.100611/2016
also admits that the parties have settled the dispute.
In view of the aforesaid submission, both these appeals are
dismissed as having became infurctuous, in view of the settlement
entered in to between the respective parties.
SD/-
JUDGE
PMP
CT-ASC
