Gangadhar S/O Mudukappa Kalburgi vs Ajit S/O Anantgouda Patil
2024 Latest Caselaw 4512 Kant

Karnataka High Court

Gangadhar S/O Mudukappa Kalburgi vs Ajit S/O Anantgouda Patil on 14 February, 2024

                                          -1-
                                                 NC: 2024:KHC-D:3454
                                                     RSA No. 100948 of 2014




                  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.100948/2014(INJ)

            BETWEEN:

            1.    GANGADHAR
                  S/O. MUDUKAPPA KALBURGI,
                  SINCE DECEASED BY HIS LR'S.

            1A.   SMT. ANNAPURNA
                  W/O. GANGADHAR KALBURGI,
                  AGE: 55 YEARS, OCC: HOUSE WIFE,
                  R/O: NO.1, SAI LAYOUT, BENGERI,
                  HUBBALLI - 23.

            1B.   CHANNABASAV
                  S/O. GANGADHAR KALBURGI,
                  AGE: 33 YEARS, OCC: BUSINESS,
                  R/O: NO.1, SAIL LAYOUT, BENGERI,
                  HUBBALLI - 23.

            1C.   PRIYA
Digitally         D/O. GANGADHAR KALBURGI,
signed by         AGE: 28 YEARS,
ROHAN
HADIMANI          OCC: HOUSEHOLD WORK,
T
                  R/O: NO.1, SAI LAYOUT, BENGERI,
                  HUBBALLI - 23.

            1D. SMT. POORNIMA
                W/O. SUNIL RATHOD,
                AGE: 32 YEARS,
                OCC: HOUSEHOLD WORK,
                R/O: NO.77,
                GAVISIDDESHWAR COLONY,
                BENGERI, HUBBALLI - 23.
                                                           ...APPELLANTS
            [BY SRI. VINOD SHANKAR PAWAR, ADV. FOR R1(A TO D)]

            AND:
                               -2-
                                    NC: 2024:KHC-D:3454
                                      RSA No. 100948 of 2014




1.   SRI AJIT
     S/O. ANANTGOUDA PATIL,
     AGE: MAJOR, OCC: BUSINESS,
     R/O: ULLAGADIMATH, BUTTER MARKET,
     HUBBALLI - 580 020, REPRESENTED BY
     HIS GENERAL POWER OF ATTORNEY
     HOLDER SRI BIPIN A. PATIL OF HUBBALLI.

2.   SRI MEHABOOBALIKHAN
     S/O. HASSANKHAN JAHAGIRDAR,
     AGE: 55 YEARS,
     OCC: BUSINESS,
     R/O: ASAR ONI,
     HUBBALLI - 580 023.

3.   SRI HAMEEDKHAN
     S/O. HASSANKHAN JAHAGIRDAR,
     AGE: 52 YEARS,
     OCC: AUTO DRIVER,
     R/O: OLD HUBBALLI - 580 032.

4.   SRI NORULAKHAN
     S/O. HASSANKHAN JAHAGIRDAR,
     AGE: 50 YEARS,
     OCC: BUSINESS,
     R/O: HUBBALLI - 580 032.
                                               ...RESPONDENTS
(BY SRI. RAVI S. BALLIKAI, ADVOCATE FOR R1;
    SRI. SUNIL S. DESAI, ADVOCATE FOR R2 TO R4)

      THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 16.02.2012 PASSED IN
R.A.NO.125/2008 ON THE FILE OF THE FIRST ADDITIONAL SENIOR
CIVIL JUDGE, HUBBALLI, ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 24.10.2008 AND THE
DECREE PASSED IN O.S.NO.467/2005 ON THE FILE OF THE III
ADDITIONAL CIVIL JUDGE (JR.DN) AT HUBBALLI, DECREEING THE
SUIT FILED FOR PERMANENT INJUNCTION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                              -3-
                                   NC: 2024:KHC-D:3454
                                    RSA No. 100948 of 2014




                           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