Karnataka High Court
Smt.Sanvakka W/O.Gurulingappa ... vs Shri.Chandrashekhar S/O. ... on 1 July, 2024
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NC: 2024:KHC-D:9161
MSA No. 100139 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS SECOND APPEAL NO. 100139 OF 2020
BETWEEN:
1. SMT. SANVAKKA W/O. GURULINGAPPA RAJAPURE,
AGE: 74 YEARS, OCC: HOUSEHOLD WORK,
R/O. MALLAPUR PG, (GHATAPRABHA),
TQ: GOKAK, DIST: BELAGAVI-591307.
2. SMT. PARVATI W/O. SADASHIV KATTIMANI,
AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
R/O. NEAR GOKUL TALKIES, MUDHOL,
DIST: BAGALKOT-587313.
...APPELLANT
(BY SMT. POOJA PATIL, ADV. FOR
SRI. G. B. NAIK & SMT. P. G. NAIK, ADVOCATE)
AND:
SHRI. CHANDRASHEKHAR
S/O. SHIVALINGAPP RAJAPURE,
Digitally signed
by MANJANNA SINCE DECEASED BY HIS
E
LRS-RESP.NOS. 1 TO 6.
Location: HIGH
COURT OF
KARNATAKA
1. SMT. VATSALA W/O. CHANDRASHEKHAR RAJAPURE,
AGE: 61 YEARS, OCC: HOUSEHOLD WORK &
AGRICULTURE, R/O. MALLAPUR PG,
(GHATAPRABHA), TQ: GOKAK,
DIST: BELAGAVI-591307.
2. SHRI. MAHESH W/O. CHANDRASHEKHAR RAJAPURE,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. MALLAPUR PG, (GHATAPRABHA),
TQ: GOKAK, DIST: BELAGAVI-591307.
3. SMT. PUSHPA W/O. PARASHURAM HONAMANI
AGE: 41 YEARS, OCC: HOUSEHOLD,
R/O. HONAMANI STREET, HONAGA,
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NC: 2024:KHC-D:9161
MSA No. 100139 of 2020
TAL & DIST : BELAGAVI-591156.
4. SMT. VANDANA W/O. MARUTI HANIMANAL
AGE: 40 YEARS, OCC : HOUSEHOLD,
R/O. GADHINGLAJ, TQ: GADHINGLAJ,
DIST : KOLHAPUR-416502.
5. SHRI. SATISH S/O. CHANDRASHEKHAR RAJAPURE
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O : MALLAPUR PG, (GHATAPRABHA)
TQ : GOKAK, DIST : BELAGAVI-591307.
6. SMT. SANGEETA W/O. RAVI HADAPAD,
AGE: 35 YEARS, OCC: HOUSEHOLD,
R/O. AYYAPPA-SWAMI NAGAR,
RAIBAG-591317, DIST: BELAGAVI.
7. SMT. SULOCHANA W/O. VISHNU NARVEKAR
AGE: 57 YEARS, OCC: HOUSEHOLD,
R/O. NEAR BUS STAND, KURALI-591237,
TQ: CHIKKODI, DIST : BELAGAVI.
8. SMT. DHANAVANTA W/O. SHANKAR RAJAPURE
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O. MALLAPUR PG, (GHATAPRABHA),
NEAR CATTLE MARKET, GOKAK-591307
DIST: BELAGAVI.
9. SHRI. JAGADISH S/O. SHANKAR RAJAPURE,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. MALLAPUR PG, (GHATAPRABHA),
NEAR CATTLE MARKET, GOKAK-591307,
DIST: BELAGAVI.
10. SHRI. NANDISH S/O. SHANKAR RAJAPURE,
AGE: 27 YEARS, OCC : AGRICULTURE,
R/O. MALLAPUR PG, (GHATAPRABHA),
NEAR CATTLE MARKET, GOKAK-591307,
DIST : BELAGAVI.
NEELKANTH SHIVALINGAPPA RAJAPURE
SINCE DECEASED BY HIS LRS
RESP.NOS.11 TO 15.
11. SMT. SHILPA D/O. NEELKANTH RAJAPURE,
AGE: 31 YEARS, OCC : PRIVATE SERVICE,
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NC: 2024:KHC-D:9161
MSA No. 100139 of 2020
R/O : BASHAL MISSION COMPOUND BANGALE ONI,
KARWAR ROAD, HUBLI-580024.
12. SHRI. SHIRIL @ CYRIL
S/O. NEELKANTH RAJAPURE,
AGE: 29 YEARS, OCC : SERVICE,
R/O. BASHAL MISSION COMPOUND
BANGALE ONI, KARWAR ROAD, HUBLI-580024.
13. SHRI. ASHUTOSH
S/O. NEELKANTH RAJAPURE,
AGE: 27 YEARS, OCC : PRIVATE JOB,
R/O : KARAWAD, PIMPRI, PUNE-411018.
14. SHRI. AVINASH S/O.NEELKANTH RAJAPURE,
AGE: 25 YEARS, OCC : BUSINESS,
R/O. KARAWAD, PIMPRI, PUNE-411018.
15. SHRI. ABHILASH S/O. NEELKANTH RAJAPURE
AGE: 23 YEARS, OCC: BUSINESS,
R/O. KARAWAD, PIMPRI, PUNE-411018.
16. SHRI. RAMACHANDRA
S/O. SHIVALINGAPPA RAJAPURE
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O : MALLAPUR PG, (GHATAPRABHA),
TAL: GOKAK, DIST: BELAGAVI,
PIN: 591307.
...RESPONDENTS
(BY SRI. C. S SHETTAR, ADV. FOR R1, R2, R5, R8, R10 & R16;
R14-DECEASED)
THIS MSA IS FILED U/SEC.43 RULE 1 (u) OF CPC., PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN RA NO.
114/2018 DATED 23.06.2020 BY THE XII ADDITIONAL DISTRICT
AND SESSIONS JUDGE, BELAGAVI, SITTING AT GOKAK AND THE
JUDGMENT AND DECREE PASSED IN O.S. NO. 143/1999 DATED
01.04.2006 BY THE LEARNED CIVIL JUDGE, SENIOR DIVISION,
GOKAK, BE KINDLY CONFIRMED, IN THE ENDS OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:9161
MSA No. 100139 of 2020
JUDGMENT
Learned counsel for the appellants has filed a memo
seeking permission of this Court to withdraw the appeal.
The contents of the memo is as under:
MEMO FOR DISPOSAL
"Herein the memo on behalf of the Appellants is as
under:
That the present appeal is filed against the judgment
and decree of the 1st Appellant Court by remanding the
matter to the Trial Court. That subsequent to remand
the suit has been disposed off on 8-4-2024 and in view
of the judgment and decree passed in
O.S.No.143/1999 by the Principal Senior Civil Judge
Gokak the present appeal will not survive for
consideration and hence the same may kindly be
disposed off as "infructuous".
In view of the memo, appeal is dismissed as having
become infructuous.
Sd/-
JUDGE
AC/ct-an
