Karnataka High Court
Aparna W/O Annapa Naik vs Ansuya D/O Vaiju Naik on 9 January, 2024
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NC: 2024:KHC-D:527-DB
RFA No. 100171 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 100171 OF 2016 (PA/DE/IN)
BETWEEN:
APARNA W/O. ANNAPA NAIK,
AGE: 59 YEARS, OCC: H/W,
R/O: 302 SKY LINE POSEIDON APARTMENT,
QUARRY ROAD BHANDUP, MUMBAI-400078,
STATE: MAHARASHTRA.
...APPELLANT
(BY SRI. SHIVARAJ S BALLOLI AND .,ADVOCATE)
AND:
Digitally signed
1. ANSUYA D/O. VAIJU NAIK
by
SHIVAKUMAR AFTER MARRIAGE CALLED AS
HIREMATH
Date: ANSUYA W/O. BALKRISHNA YESHADE,
2024.01.12
10:48:31 +0530 AGE: 74 YEARS, OCC: RETIRED TEACHER,
R/O: NEAR POST OFFICE
VIJAYANAGAR HINDALAGA,
BELAGAVI-590001, DIST: BELAGAVI.
2. SUNITA D/O. VAIJU NAIK
AFTER MARRIAGE CALLED AS
SUNITA W/O. PRABHAKAR MUCHANDI,
AGE: 72 YEARS, OCC: PENSIONER,
R/O: 0399, PRESS COLONY,
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NC: 2024:KHC-D:527-DB
RFA No. 100171 of 2016
HANUMAN NAGAR BELAGAVI-590001,
DIST: BELAGAVI.
3. SHARDA W/O. PUNDALIK NAIK
SINCE DECEASED R4 IS TREATED AS LR OF R3.
4. BASWANT S/O.. PUNDALIK NAIK
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: LAXMI GALLI HINDALGA,
TQ AND DIST: BELAGAVI-590001.
5. KUMARI POONAM D/O. MAHESH NAIK
AGE: 18 YEARS, OCC: STUDENT,
R/O: LAXMI GALLI HINDALGA,
TQ AND DIST: BELAGAVI-590001.
6. AJAY S/O. ANNAPPA NAIK
AGE: 36 YEARS, OCC: SERVICE,
R/O: 302 SKYLINE POSEIDON APARTMENT,
QUARRY ROAD, BHANDUP,
MUMBAI-400078, STATE MAHARASHTRA.
7. AMIT S/O. ANNAPPA NAIK
AGE: 32 YEARS, OCC: SERVICE,
R/O: 302 SKYLINE POSEIDON
APARTMENT QUARRY ROAD,
BHANDUP, MUMBAI-400078,
STATE MAHARASHTRA.
8. JAYAWANT S/O. VAJJU NAIK
AGE: 69 YEARS, OCC: AGRICULTURAL,
R/O: HINDALAGA, BELAGAVI-590001,
DIST: BELAGAVI.
9. PREMANATH S/O. NARAYAN NAIK
AGE: 52 YEARS, OCC: BUSINESS,
R/O: TILAKWADI BELAGAVI.
DIST: BELAGAVI-590001.
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RFA No. 100171 of 2016
10. LAXMI W/O. GAJANAN APTEKAR
AGE: 49 YEARS, OCC: H/W,
R/O: H.NO.43/73 CROSS NO.4,
APTEKAR GALLI MAHADWAR ROAD,
BELAGAVI-590001.
11. GAJANAN S/O. IRAPPA APTEKAR
AGE: 58 YEARS, OCC: BUSINESS,
R/O: H.NO.43/73 CROSS NO.4
APTEKAR GALLI MAHADWAR ROAD,
BELAGAVI-590001, DIST: BELAGAVI.
12. AMRUTHKUMBH CONTRACTOR
AND DEVELOPER PRIVATE LTD.,
NEAR CITY CO-OPERATIVE CREDIT, SOCIETY,
KELKAR BAG BELAGAVI,
DIST: BELAGAVI-590001
...RESPONDENTS
(BY SRI. SANGRAM S. KULKARNI .,ADVOCATE)
THIS REGULAR FIRST APPEAL FILED UNDER ORDER 41
R(1) R/W SECTION 96 OF C.P.C., PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED: 25/02/2016 PASSED IN O.S.
92/2012 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL
JUDGE AND CJM BELAGAVI BY ALLOWING THE TOP NOTED
APPEAL TO MEET THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
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RFA No. 100171 of 2016
JUDGMENT
This appeal is filed challenging the judgment and
preliminary decree dated 25.02.2016 passed in
O.S.No.92/2012 by the I Additional Senior Civil Judge and
CJM, Belagavi.
2. The purchaser aggrieved by the judgment and
decree passed in the said suit preferred appeal in RFA
No.100115/2016, the Co-ordinate Bench of this Court vide
order dated 26.09.2023.
3. During pendency of the said appeal, the parties
to the suit have entered into compromise and compromise
petition was filed before the Co-ordinate Bench and the
Co-ordinate Bench accepted the compromise petition and
disposed off the appeal vide order dated 26.09.2023. The
present appeal is filed by the appellant only in order to
protect the interest of the purchaser i.e. appellant in RFA
No.100115/2016.
NC: 2024:KHC-D:527-DB
4. In view of the order passed in RFA
No.100115/2016, nothing survive for consideration in this
appeal. Accordingly, the appeal is disposed off as having
become infactuous.
5. In view of the disposal of the appeal,
I.A.No.2/2016 does not survive for consideration.
Accordingly, the same is dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
AC
