Karnataka High Court
Ullas vs Meerabai Kom. Venkatesh on 15 February, 2024
-1-
NC: 2024:KHC-D:3601-DB
RFA No. 100206 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH 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. 100206 OF 2015 (PAR/POS)
BETWEEN:
1. ULLAS S/O. GAJANAN SHET @ ANVEKAR,
(SINCE DECEASED BY HIS LRS)
1.(A) KAVITA W/O. ULLAS ANVEKAR,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O: WARD NO. 1, HALIYAL,
TQ: UTTARA KANNADA.
1.(B) RAHUL S/O. ULLAS ANVEKAR,
AGE: 22 YEARS, OCC: AGRICULTURE,
R/O: WARD NO. 1, HALIYAL,
TQ: UTTARA KANNADA.
1.(C) GAUTAM S/O. ULLAS ANVEKAR,
Digitally signed
by
AGE: 54 YEARS, OCC: AGRICULTURE,
SHIVAKUMAR
HIREMATH
R/O: WARD NO. 1, HALIYAL,
Date:
2024.02.20
TQ: UTTARA KANNADA.
11:06:06 +0530
1.(D) ROHIT S/O. ULLAS ANVEKAR,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: WARD NO. 1, HALIYAL,
TQ: UTTARA KANNADA.
1.(E) TIYANA W/O. SAVIYO VAZ,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O: WARD NO. 1, HALIYAL,
TQ: UTTARA KANNADA.
-2-
NC: 2024:KHC-D:3601-DB
RFA No. 100206 of 2015
2. VINOD S/O. GAJANAN SHET @ ANVEKAR,
AGED: ABOUT 59 YEARS, OCC: BUSINESS AND
AGRICULTURE, R/O: MARUTIGALLI, HALIYAL,
TQ: HALIYAL, DIST: UTTAR KANNADA-581329.
3. DINESH S/O. GAJANAN SHET @ ANVEKAR,
AGED: ABOUT 57 YEARS, OCC: BUSINESS AND
AGRICULTURE, R/O: DEVI KRUPA, NITYANAND
MATH, ROAD, MARATHAKOPPA, SIRSI, TQ: SIRSI,
DIST: UTTARKANNADA-581329.
....APPELLANTS
(BY SRI. D.M. KULKARNI, ADVOCATE)
AND:
1. MEERABAI KOM. VENKATESH SHET @ ANVEKAR,
(SINCE DECEASED THE RESPONDENT NO.2 AND 3
THE LEGAL HEIRS WHO ARE ALREADY ON RECORD)
2. MARUTI VENKATESH SHET @ ANVEKAR
AGED: ABOUT 56 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O RUKMINI NIVAS, NAZAR CAMP,
5TH CROSS, VADAGAON, BELAGAVI-590001.
3. PRADEEP VENKATESH SHET @ ANVEKAR
AGED: ABOUT 50 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: 403, DEEPALAXMI, BACKSIDE,
OF KARBARGALLI, VADAGAON, BELAGAVI,
TQ AND DIST: BELAGAVI-590001.
4. KAMALAKANT GAJANAN SHET @ ANVEKAR
AGED: ABOUT 71 YEARS, OCC: BUSINESS AND
AGRICULTURE, R/O: DATTA NIVAS,
HARIMANDIR, ANAGOL, BELAGAVI,
TQ AND DIST: BELAGAVI-590001.
5. RAMESH SRIPAD SHET @ ANVEKAR
AGED: ABOUT 64 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: CHANDADEV SADAN,
SARASWATI ROAD, SHAHAPUR,
-3-
NC: 2024:KHC-D:3601-DB
RFA No. 100206 of 2015
BELAGAVI, TQ AND DIST: BELAGAVI-590001.
6. UDAY SRIPAD SHET @ ANVEKAR
AGED: ABOUT 61 YEARS,
OCC: ADVOCATE AND AGRICULTURE,
R/O: 5/E, KHANAPUR ROAD,
TILAKWADI, BELAGAVI,
TQ AND DIST: BELAGAVI-590001.
7. ANIL SRIPAD SHET @ ANVEKAR
AGED: ABOUT 59 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: GANESH-I, PRADYUMNA,
HOUSING SOCIETY, DAJI RAMACHANDRA,
ROAD, CHARI, THANE WEST,
THANE-601, MAHARASHTRA-400691.
8. SATISH SRIPA SHET @ ANVEKAR
AGED: ABOUT 51 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: GANESH-I, PRADYUMNA,
HOUSING SOCIETY, DAJI RAMACHANDRA,
ROAD, CHARI, THANE WEST,
THANE-601, MAHARASHTRA-400691.
9. RAVINDRA SRIPAD SHET @ ANVEKAR
AGED: ABOUT 56 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: MARUTIGALLI, HALIYAL,
TQ: HALIYAL, DISTA: UTTARKANNADA-581329.
10. SADANAND NARAYAN SHET @ ANVEKAR
AGED: ABOUT 78 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O: PLOT NO.40, HEERA SADAN
HINDWADI BELAGAVI,
TQ AND DIST: BELAGAVI-590001.
11. SARASWATI W/O. LAXMIDAS VERNEKAR,
AGED: ABOUT 50 YEARS, OCC: HOUSEHOLD,
R/O: 101, SAIKRUPA, B 'WIND'
IST FLOOR, NAVGHAR ROAD, NEAR BANK OF
-4-
NC: 2024:KHC-D:3601-DB
RFA No. 100206 of 2015
ALLAHABAD, MULUND (EAST), MUMBAI-400081
STATE: MAHARASHTRA.
12. SHAILAJA W/O. SANTOSH VERNEKAR
AGED: ABOUT 47 YEARS, OCC: HOUSEHOLD,
R/O: NO.108/6, T-1, EMERALD,
8TH CROSS, 6TH MAIN, MALLESHWARAM,
BENGALURU-03.
13. MADHAVI DILIP REVANKAR
AGED: ABOUT 42 YEARS, OCC: HOUSEHOLD,
R/O: 79-D, NEAR KASABA POLICE, CHOWKI,
MAHADWAR ROAD, KHOLAPUR-416002.
14. JEEVAN SRIPAD VERNEKAR
AGED: ABOUT 47 YEARS, OCC: BUSINESS,
R/O: ASHIRWAD, LAXMI ROAD,
BHARATRAGAR (WEST),
SHAHAPUR, BELAGAVI-590003
TQ AND DIST: BELAGAVI.
15. DEEPAK SRIPAD VERNEKAR
AGED: ABOUT 45 YEARS, OCC: BUSINESS,
R/O: ASHIRWAD, LAXMI ROAD,
BHARATRAGAR (WEST),
SHAHAPUR, BELAGAVI-590003
TQ AND DIST: BELAGAVI.
16. KIRAN SRIPAD VERNEKAR
AGED: ABOUT 50 YEARS, OCC: BUSINESS,
R/O: ASHIRWAD, LAXMI ROAD,
BHARATRAGAR (WEST),
SHAHAPUR, BELAGAVI-590003
TQ AND DIST: BELAGAVI.
17. MANOHAR GAJANAN SHET @ ANVEKAR
AGE: ABOUT 62 YEARS,
OCC: BUSINESS AND AGRICULTURE,
GURUWARPETH, TILAKWADI,
BELAGAVI, TQ AND DIST: BELAGAVI-590003.
-5-
NC: 2024:KHC-D:3601-DB
RFA No. 100206 of 2015
18. NAGARAJ DIGAMBAR PAVUSKAR
AGED: ABOUT 50 YEARS, OCC: BUSINESS,
R/O: SHANTINIKETAN, GANESH CHOWK,
HINDWADI, BELAGAVI-590011
19. SANTOSH DIGAMBAR PAVUSKAR
AGED: ABOUT 45 YEARS, OCC: BUSINESS,
R/O: SHANTINIKETAN, GANESH CHOWK,
HINDWADI, BELAGAVI-590011.
20. SAROJA W/O. GAJANAN JANNU
AGED: ABOUT 42 YEARS, OCC: HOUSEHOLD,
R/O: MAHALASA BUILDING, BL.NO.5,
NEAR GUJARAT BHAVAN, SHASTRI NAGAR,
BELGAVI-590001.
21. SUVARNA W/O. MANJUNATH REVANKAR
AGED: ABOUT 42 YEARS, OCC: HOUSEHOLD,
R/O: AMMA NO.2603/A-1,
IST MAIN, 2ND CROSS, NEAR CHURCH ROAD,
MCC A BLOCK, DAVANGERE
TQ AND DIST: DAVANGERE-577001.
22. VEENA UDAY VERNEKAR
AGED: ABOUT 35 YEARS, OCC: HOUSEHOLD,
R/O: BHANDARI CHAWL,
MANGALWARPETH, TILAKWADI, BELAGAVI,
TQ AND DIST: BELAGAVI-590001.
23. RESHMA W/O. RAMESH REVANKAR
AGED: ABOUT 40 YEARS, OCC: HOUSEHOLD,
R/O: NO.304, 34TH FLOOR,
"A" CHANDRA APARTMENT,
SVP ROAD, NEAR RAM MANDIR,
BORIVALI-WEST, MUMBAI-400092.
24. PRAKASH VAMAN RAIKAR
AGED: ABOUT 40 YEARS, OCC: BUSINESS,
R/O: PLOT NO.185, KRUSHI COLONY,
VADAGAON ROAD, NEW ANAGOL, BELAGAVI,
TQ AND DIST: BELAGAVI-590001.
-6-
NC: 2024:KHC-D:3601-DB
RFA No. 100206 of 2015
25. MEERA RAMESH REVANKAR
AGED: ABOUT 42 YEARS, OCC: HOUSEHOLD,
R/O: PLOT NO.59, DEVALAVIHAR,
OPP: DARGA, BAIRIDEVARKOPPA,
HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD-580020.
26. NIRMALA KOM. RAMESH ANVEKAR
AGED: ABOUT 35 YEARS, OCC: HOUSEHOLD,
R/O: H.NO.93, UMA-NAGESH,
3RD MAIN, 5TH CROSS,
VIDYANAGAR, HUBBALLI-31,
TQ: HUBBALLI, DISTA: DHARWAD-580020.
27. INDUBAI KRISHNANAAD ANVEKAR
AGED: ABOUT 50 YEARS, OCC: HOUSEHOLD,
R/O: TORLEBAGH, ANGADI, SADASHIVGAD,
KARWAR, TQ: KARWAR,
DIST: UTTAR KANNADA-581329.
28. KUMUD RATNAKAR RAIKAR
(SINCE DECEASED THE
RESPONDENT NO.29,30 AND 31 ARE THE
LEGAL HEIRS WHO ARE ALREADY ON RECORD)
29. RAJEEV RATNAKAR RAIKAR
AGED: ABOUT 45 YEARS, OCC: BUSINESS,
R/O: H.NO.88, RAIKAR HOUSE,
VIDYANAGAR, HUBBALLI-31, TQ: HUBBALLI,
DIST: DHARWAD-580020.
30. DR. RAVIRAJ RATNAKAR RAIKAR
AGED: ABOUT 40 YEARS,
OCC: MEDICAL PRACTITIONER,
R/O: H.NO.88, RAIKAR HOUSE,
VIDYANAGAR, HUBBALLI-31,
TQ: HUBBALLI, DIST: DHARWAD-580020.
31. NANDU RATNAKAR RAIKAR
AGED: ABOUT 42 YEARS, OCC: BUSINESS,
R/O: H.NO.88, RAIKAR HOUSE,
VIDYANAGAR, HUBBALLI-31,
-7-
NC: 2024:KHC-D:3601-DB
RFA No. 100206 of 2015
TQ: HUBBALLI, DIST: DHARWAD-580020.
32. SANDEEP MOHAN REVANKAR
AGED: ABOUT 45 YEARS, OCC: BUSINESS,
R/O: DURGADEEP, BEHIND KRISHNA
HOSPITAL, PATRAKAR NAGAR,
KRANTI NAGAR, SANGLI-416416
STATE: MAHARASTRA.
33. SANGEETA KOM. NARASHIMHA KURADEKAR
AGED: ABOUT 42 YEARS, OCC: BUSINESS,
R/O: DURGADEEP, BEHIND KRISHNA
HOSPITAL, PATRAKAR NAGAR, KRANTI NAGAR,
SANGLI-416416, STATE: MAHARASTRA.
34. VANITA @ MANGALA W/O. DAYANAND PALANKAR
AGED: ABOUT 45 YEARS, OCC: HOUSEHOLD,
R/O: TAYIKRUPA, UDAY NAGAR,
NEAR TVS SHOWROOM, HUBLI ROAD,
GADAG-TALUK AND DISTRICT-528101.
...RESPONDENTS
(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE FOR R2, R3,
R7, R8 AND R10(A);
SRI. PRAKASH B. ANGDI AND SMT. MAHADEVI P. ANGADI,
ADVOCATE FOR C/R5, R6 AND R9;
NOTICE SERVED TOR4,R11 TO R17, R23, R24, R26, R30, R32
TO R34; R18. R19, R21, R22, R25 SERVICE IS HELD
SUFFICIENT;
NOTICE TO R20, R27 TO R29 AND R31 IS DISPENSED WITH)
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96
R/W ORDER 41 RULE 1 OF CPC., PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED:20.07.2015, PASSED IN
O.S.NO.24/2011, ON THE FILE OF SENIOR CIVIL JUDGE
YELLAPUR, SITTING AT HALIYAL, AS NULL AND VOID AND
ISSUE ANY OTHER DECREE AS THIS COURT MAY DEEM FIT IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
-8-
NC: 2024:KHC-D:3601-DB
RFA No. 100206 of 2015
ORDER
Appellant Nos.1(c), 3 and respondent No.10 are present
and identified by their respective counsel.
Learned counsel for the appellants filed a memo for
withdrawal of appeal stating that, upon the advice and
guidance of the elders of the family and the community, the
appellants and respondents have decided to settle the dispute
out of the Court. Hence, the appellants are not interested to
pursue the appeal and the appeal may be disposed of as
withdrawn.
Memo is placed on record.
Appeal is dismissed as withdrawn.
In view of the disposal of above appeal, I.A Nos.2/2015
and 2/2023 does not survive for consideration.
Sd/-
JUDGE
Sd/-
JUDGE
