The Deputy Commissioner Belagavi vs Shri Shyamrao Tarale
2024 Latest Caselaw 4816 Kant

Karnataka High Court

The Deputy Commissioner Belagavi vs Shri Shyamrao Tarale on 16 February, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                  -1-
                                                        NC: 2024:KHC-D:3819
                                                          RFA No. 100659 of 2022




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                              BEFORE

                        THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

                       REGULAR FIRST APPEAL NO. 100659 OF 2022 (PAR/POS)

                  BETWEEN:

                  1.    THE DEPUTY COMMISSIONER
                        BELAGAVI DISTRICT,
                        BELAGAVI - 590001

                  2.    THE TAHSILDAR
                        CHIKKODI
                        BELGAVI DISTRICT - 591201
                                                                    ...APPELLANTS
                  (BY SRI. V.S. KALASURMATH, HCGP)

                  AND:

                  1.    SHRI SHYAMRAO TARALE
                        SHRI SHYAMRAO LAXAMN TARALE OCC AGRICULTURE
                        R/O NIPPANI TQ CHIKODI 591201

                        SHRI KRISHNA LAXMAN TARALE
                        SINCE DECEASED BY HIS LRS
SUJATA  SUJATA
SUBHASH SUBHASH
PAMMAR PAMMAR     2.    SMT ANUSUYA KRISHNA TARALE
                        AGE :70 YEARS, OCC AGRICULTURE
                        R/O FRAM HOUSE, NIPPANI,
                         TQ: NIPPANI, DIST: BELAGAVI 591237

                  3.    SHRI MANOJ TARALE
                        AGE : 50 YEARS
                        OCC AGRICULTURE,
                        R/O FARM HOUSE, NIPPANI
                        DIST: BELGAVI - 59237

                  4.    SHRI SUDHEER KRISHNA TARALE
                        AGE : 45 YEARS, OCC AGRICULTURE
                        R/O FARM HOUSE, NIPPANI
                        DIST :BELGAVI-591237
                             -2-
                                  NC: 2024:KHC-D:3819
                                    RFA No. 100659 of 2022




5.   SMT SEEMA KRISHNA TARALE
     AGE: 47 YEARS, OCC HOUSEHOLD WORK
     R/O FARM HOUSE, NIPPANI,
     DIST BELGAVI 591237

6.   SMT SAMPADA
     W/O RANJIT BHOSLAE
     AGE: 43 YEARS, OCC HOUSE HOLD WORKER
     R/O RAJIV GANDHI CHOUK, NEAR CINEMA TALKIES
     MURGOD TAL KAGAL DIST KOLHAGUS,
     STATE OF MHARASTRA - 416216

     SHRI. VASANT LAXMAN TARALE
     SINCE DECEASED BY LRS

7.   SMT LAXMI VASANT TARALE
     AGE: 48 YEARS, OCC HOUSEHOLD WORK
     R/O TARALE GALLI, NIPPANI,
     DIST BELGAVI - 591201

8.   KUMARI NETRAVATI VASANT TARALE
     AGE: 25 YEARS, OCC HOUSE HOLD WORK
     R/O TARALE GALLI, NIPPANI,
     TQ: CHIKODI,
     DIST: BELGAVI 591201
                                             ...RESPONDENTS


      THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF
CIVIL PROCEDURE PRAYING TO; CALL FOR RECORDS ON THE FILE
OF THE SENIOR CIVIL JUDGE, AT CHIKKODI IN O.S. NO. 11/2002,
DATED 04.12.2013 IN THE INTEREST OF JUSTICE AND SET ASIDE
THE JUDGMENT AND ORDER PASSED BY THE FILE OF THE SENIOR
CIVIL JUDGE AT CHIKKODI IN O.S. NO. 11/2002 DATED 04.12.2013
BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE.



      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                   -3-
                                        NC: 2024:KHC-D:3819
                                          RFA No. 100659 of 2022




                             JUDGMENT

The plaintiff's share was valued at Rs.4,50,000/-.

Therefore, the appeal is dismissed as withdrawn reserving

liberty to the appellant to file an appeal before the jurisdictional

Appellate Court.

Office to return the certified copy of the judgment and

decree to the learned HCGP after replacing the same with the

photo copies.

The time spent in prosecuting this appeal shall be

reckoned for the purpose of computing the limitation period for

filing the appeal.

Sd/-

JUDGE

RSH / CT:CNB