Santosh Taextile Gadag vs Lalita W/O Veerbhadrapal Churchihal
2024 Latest Caselaw 1384 Kant

Karnataka High Court

Santosh Taextile Gadag vs Lalita W/O Veerbhadrapal Churchihal on 16 January, 2024

                                         -1-
                                                NC: 2024:KHC-D:845
                                                RSA No. 101051 of 2016




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 16TH DAY OF JANUARY, 2024

                                      BEFORE

                        THE HON'BLE MR JUSTICE R.NATARAJ

                     REGULAR SECOND APPEAL NO.101051/2016

            BETWEEN:

            SANTOSH TEXTILE GADAG BY ITS PROPRIETOR
            HIRACHAND BALAKCHAND BAFNA,
            AGE: ABOUT 61 YEARS, OCC: TRADE,
            R/O: JAVALI GALLI, NEAR MAHENDRAKAR
            CIRCLE GADAG - 582 114.
                                                        -     APPELLANT
            (BY SRI ROHIT S. PATIL, ADVOCATE)

            AND:

            1.   SMT. LALITA W/O. VEERBHADRAPA CHURCHIHAL,
                 AGE: ABOUT 58 YEARS, OCC: HOUSEHOLD WORK,
                 R/O: HUDKO COLONY OPP. 2ND CROSS,
                 GADAG - 582 101.

            2.   SMT. ARADHANA CLOTH CORPORATION
                 GADAG BY ITS PROPRIETOR,
                 JOGRAJ S/O. NEMICHAND JAIN ALIAS LUNKAD,
Digitally
signed by        AGED ABOUT 66 YEARS, OCC: BUSINESS,
VINAYAKA         R/O: TAGORE ROAD, GADAG - 582 101.
BV
                                                      -     RESPONDENTS

                  THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
            100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND
            DECREE DATED 24.03.2015 PASSED IN R.A.NO.03/2014 ON THE
            FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
            MAGISTRATE, GADAG, ALLOWING THE APPEAL AND SETTING ASIDE
            THE JUDGMENT AND DECREE DATED 07.10.2013, PASSED IN EXC
            NO.38/1999 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, GADAG.

                  THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS,
            THIS DAY, THE COURT PASSED THE FOLLOWING:
                                       ORDER

NC: 2024:KHC-D:845

Learned counsel for the appellant has filed a memo

praying to convert this regular second appeal as a

miscellaneous second appeal as provided under Order 43 Rule

1(U) of CPC.

In view of the memo, this appeal is permitted to be

converted into a miscellaneous second appeal and registry shall

register it accordingly.

Learned counsel for the appellant is directed to make

appropriate corrections in the appeal memo.

For statistical purposes, this regular second appeal is

disposed off.

SD/-

JUDGE

BVV

CT-ASC