Jamuna D/O Mallikarjun Kalal vs Smt Rukmini W/O Shreedhar Kalal
2024 Latest Caselaw 4967 Kant

Karnataka High Court

Jamuna D/O Mallikarjun Kalal vs Smt Rukmini W/O Shreedhar Kalal on 19 February, 2024

                                                             -1-
                                                                     NC: 2024:KHC-D:4141-DB
                                                                   RFA No. 100239 of 2023




                                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                      DATED THIS THE 19TH 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. 100239 OF 2023 (FDP)


                              BETWEEN:

                              JAMUNA
                              D/O. MALLIKARJUN KALAL,
                              AGE: 52 YEARS,
                              OCC: HOUSEHOLD WORK,
                              R/O: BOVIGALLI,
                              DHARWAD-580001.
                                                                               ...APPELLANT
                              (BY SRI.K.L.PATIL, ADVOCATE)



                              AND:

                              1.    SMT. RUKMINI
                                    W/O. SHREEDHAR KALAL,
           Digitally signed
           by
           MOHANKUMAR
                                    AGE: 71 YEARS,
MOHANKUMAR B SHELAR
B SHELAR
           Date:
           2024.02.22
           16:01:41 +0530
                                    OCC: HOUSEHOLD WORK,
                                    R/O: BOVIGALLI,
                                    DHARWAD-580001.

                              2.    YUVARAJ
                                    S/O. SHREEDHAR KALAL,
                                    AGE: 46 YEARS,
                                    OCC: BANK EMPLOYEE,
                                    R/O: BOVIGALLI,
                                    DHARWAD-580001.

                              3.    VINAY
                                    S/O. SHREEDHAR KALAL,
                                    AGE: 44 YEARS,
                              -2-
                                     NC: 2024:KHC-D:4141-DB
                                   RFA No. 100239 of 2023




     OCC: BUSINESS,
     R/O: BOVIGALLI,
     DHARWAD-580001.

4.   GURURAJ
     S/O. SHREEDHAR KALAL,
     AGE: 39 YEARS,
     OCC: BUSINESS,
     R/O: BOVIGALLI,
     DHARWAD-580001.

     MALLIKARJUN
     S/O. YALLAPPA KALAL,
     (SINCE DECEASED LRs ALREADY ON RECORD).

5.   SMT. GANGA W/O. KUBER KALAL
     AGE: 55 YEARS,
     OCC: HOUSEHOLD,
     R/O: KILLA, DHARWAD-580001.

                                           ...RESPONDENTS

(BY SRI.A.C.CHAKALABBI AND
    SRI.S.B.DODDAGOUDAR, ADVOCATES FOR R1 TO R4;
    NOTICE TO R5 IS SERVED)


      THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER
41 RULE 1 OF CPC., PRAYING TO, ALLOW THIS APPEAL AND SET
ASIDE THE ORDER AND DECREE DATED 24.01.2023 PASSED BY
THE HON'BLE III ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF
JUDICIAL   MAGISTRATE   DHARWAD     IN   FDP     NO.31/2017;
CONSEQUENTLY RESTORE THE FDP NO.31/2017 FOR DRAWING
UP OF FINAL DECREE IN ACCORDANCE WITH THE PRELIMINARY
DECREE BY ALLOTTING THE SHARE OF THE APPELLANT IN SUIT
SCHEDULE I-A, I-C AND I-D PROPERTIES AND ETC.,


      THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
ASHOK S. KINAGI, J., MADE THE FOLLOWING:
                               -3-
                                         NC: 2024:KHC-D:4141-DB
                                      RFA No. 100239 of 2023




                            ORDER

Learned counsel for the appellant submits that on the

last occasion, advocate for the respondents submitted that

Hon'ble Apex Court stayed the judgment passed in RFA

No.100060/2016 in SLP (C) No.14420/2023. Hence, the

learned counsel for the appellant has filed a memo for

withdrawal of the appeal with liberty to file fresh FDP

after disposal of the SLP(C) No.14420/2023.

The memo is placed on record.

The appeal is dismissed as withdrawn with the

aforesaid liberty.

Sd/-

JUDGE

Sd/-

JUDGE

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