Damodar Vasudev Mudaliar vs Chandrakant Vasudev Mudaliar
2024 Latest Caselaw 4495 Kant

Karnataka High Court

Damodar Vasudev Mudaliar vs Chandrakant Vasudev Mudaliar on 14 February, 2024

                                         -1-
                                                 NC: 2024:KHC-D:3472
                                                  RSA No. 100447 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.100447/2016(PAR)

            BETWEEN:

            1.   DAMODAR VASUDEV MUDALIAR,
                 AGE: 79 YEARS, OCC: BUSINESS,
                 R/O: 3957/A1, KALI AMBRAI,
                 BELAGAVI.

            2.   SMT. VIMAL BHALCHANDRA MUDALIAR,
                 AGE: MAJOR, OCC: HOUSEWIFE,
                 R/O: H.NO.3059/1-2, GANGAR GALLI,
                 RAMAPUR SITE, C/O: SANGAWWA PATIL,
                 GURL HOSUR, TQ: SAUNDATTI,
                 DIST: BELAGAVI.

            3.   SMT. VAISHALI MAHADEV DANOJI,
                 AGE: MAJOR, OCC: HOUSEWIFE,
                 R/O: H.NO.469, MOKASHI GALLI,
                 GOKAK, DIST: BELAGAVI.

Digitally   4.   SMT. DEEPALI MORESHWAR RATNOJI,
signed by        AGE: MAJOR, OCC: HOUSEWIFE,
ROHAN            R/O: C/O. R.K.SHARMA,
HADIMANI
T                D-16, PLOT NO.13,
                 GIRDHAR NAGAR, VARJE,
                 MALWADI, PUNE.

                 (APPELLANTS NO.2 TO 4
                 REPRESENTED BY THEIR G.P.A. HOLDER SHRI ANIL
                 MUDALIAR, AGE: 57 YEARS,
                 OCC: BUSINESS, R/O: 3957/A1,
                 KALI AMBRAI, BELAGAVI)
                                                            ...APPELLANTS
            (BY SRI. SHREEVATSA HEGDE, ADVOCATE)


            AND:
                              -2-
                                   NC: 2024:KHC-D:3472
                                    RSA No. 100447 of 2016




1.   CHANDRAKANT VASUDEV MUDALIAR,
     AGE: MAJOR, OCC: SERVICE,
     NOW/AT R/O: H.NO.56-1031, D.D. ROAD,
     1ST CROSS, BANJARA COLONY,
     NEAR MILITARY GANAPATI MANDIR,
     BELAGAVI - 590 005.

2.   MADHUSUDAN VASUDEV MADALIAR,
     AGE: MAJOR, OCC: RETIRED,
     R/O: ROOM NO.23, 2ND FLOOR,
     21-B, LAXMIBAI BUILDING,
     ZAVABA WADI, THANKURDWAR,
     MUMBAI - 400 005.

3.   MRS. ANJALI W/O. VISHWAS DEKHANE,
     (SMT. ANJALI D/O. MAHADEV SHINDEL)
     AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
     R/O: BABUDHARWALA'S CHAWL,
     GOANDEVI DONGARI, KAMA ROAD,
     ANDHERI(WEST), MUMBAI - 500 058.

4.   RAJU S/O. MAHADEV SHINDE,
     AGE: 33 YEARS, OCC: SERVICE,
     R/O: BABUDHARWALA'S CHAWL,
     GOANDEVI DONGARI, KAMA ROAD,
     ANDHERI (WEST), MUMBAI - 500 058.

5.   SMT. MANDAKINI MARUTI NEELGUND,
     AGE: MAJOR, OCC: HOUSEWIFE,
     NOW AT R/O: MANGO MEADOWS,
     KHANAPUR ROAD,
     BELAGAVI - 590 005.
                                            ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF C.P.C., AGAINST
THE JUDGMENT AND DECREE DATED 01.02.2016 PASSED IN
R.A.NO.218/2011 ON THE FILE OF THE III ADDITIONAL DISTRICT
JUDGE, BELAGAVI, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 20.06.2011 AND THE DECREE
PASSED IN F.D.P.NO.20/2000 ON THE FILE OF THE SENIOR CIVIL
JUDGE, BELAGAVI, ALLOWING THE SUIT FILED FOR PARTITION AND
POSSESSION.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING
                              -3-
                                   NC: 2024:KHC-D:3472
                                    RSA No. 100447 of 2016




                           ORDER

A memo is filed to withdraw the appeal.

In view of the memo, the appeal is dismissed as

withdrawn.

SD/-

JUDGE

RH

CT-ASC