Gourabai W/O Basappa Biradar Dead By ... vs Mallappagouda S/O Golappagouda ...
2024 Latest Caselaw 15866 Kant

Karnataka High Court

Gourabai W/O Basappa Biradar Dead By ... vs Mallappagouda S/O Golappagouda ... on 4 July, 2024

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                                                   NC: 2024:KHC-K:4592-DB
                                                        RFA No. 200078 of 2021




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                               DATED THIS THE 4TH DAY OF JULY, 2024

                                              PRESENT

                             THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                                                AND
                               THE HON'BLE MR. JUSTICE RAJESH RAI K

                      REGULAR FIRST APPEAL NO. 200078 OF 2021 (DEC/INJ)

                      BETWEEN:

                           GOURABAI W/O BASAPPA BIRADAR
                           DEAD BY LR's
                           ARUNA
                      1.
                           W/O SANNABASAPPA PATIL,
                           AGED ABOUT 64 YEARS,
                           OCC: H.H. WORK, R/O. KILEGAON,
                           TQ. ATHANI, DIST. BELGAUM.
                      2.   AYYAMMA W/O NARSAPPA BIRADAR,
                           AGED ABOUT 66 YEARS,
Digitally signed by
BASALINGAPPA
                           OCC: AGRICULTURE, R/O. GOLAGERI,
SHIVARAJ                   TQ. SINDAGI, DIST. VIJAYAPUR.
DHUTTARGAON
Location: HIGH        3.   BASANAGOUDA
COURT OF
KARNATAKA                  S/O NARASAPPA BIRADAR,
                           AGED ABOUT 43 YEARS,
                           OCC: AGRICULTURE, R/O. GOLAGERI,
                           TQ. SINDAGI, DIST. VIJAYAPUR.
                      4.   NANAGOUDA
                           S/O NARASAPPA BIRADAR
                           AGED ABOUT 37 YEARS,
                           OCC: AGRICULTURE, R/O. GOLAGERI,
                           TQ. SINDAGI, DIST. VIJAYAPUR.
                                                                  ...APPELLANTS
                      (BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)
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                            NC: 2024:KHC-K:4592-DB
                                 RFA No. 200078 of 2021




AND:
     MALLAPPAGOUDA
     S/O GOLAPPAGOUDA BIRADAR
     SINCE DECEASED BY LR's

1.   KASTURIBAI W/O MALLAPPAGOUDA BIRADAR,
     AGED ABOUT 64 YEARS, OCC: H.H. WORK.

2.   MAHANTESH S/O MALLAPPAGOUDA BIRADAR,
     AGED ABOUT 39 YEARS, OCC: AGRICULTURE.

3.   SANGAPPAGOUDA S/O GOLAPPAGOUDA BIRADAR,
     AGED ABOUT 54 YEARS,OCC: AGRICULTURE.

4.   MAHADEVAPPAGOUDA
     S/O GOLAPPAGOUDA BIRADAR,
     AGED ABOUT 64 YEARS, OCC: H.H. WORK.

5.   MADIVALAPPA S/O BHIMARAY KUDRI,
     AGED ABOUT 49 YEARS, OCC: AGRICULTURE.

6.   SHIVAPPA S/O BHIMARAYA KUDARI
     AGED ABOUT 48 YEARS, OCC: AGRICULTURE.

7.   DEVAKKI W/O VEERABADRAPPA KUDARI
     AGED ABOUT 65 YEARS, OCC. H.H. WORK,

     ALL ARE R/O. SASABAL,
     TQ. SINDAGI, DIST. VIJAYAPURA-586 101.
                                           ...RESPONDENTS

(BY SRI. VINAYAK APTE, ADVOCATE FOR R1 TO R4;
    NOTICE TO R5 TO R7 ARE SERVED)

     THIS RFA IS FILED U/S 96 OF CPC, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 26.02.2021
PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, SINDAGI, IN
O.S. NO.30/2012 AND DECREE THE SUIT BY ALLOWING THIS
APPEAL, IN THE INTEREST 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. 200078 of 2021




                         JUDGMENT

After arguing the matter for some time, learned

counsel for the appellant files a memo seeking leave of the

Court to withdraw the appeal with a liberty to file recalling

application before the trial Court in O.S.No.29/1997 and

O.S.No.30/1997 on the file of the Addl. Civil Judge (Jr.Dn),

Sindagi, to reopen the case insofar as plaintiff Nos.1 and 2

are concerned. The memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn

with the aforesaid liberty.

Sd/-

JUDGE

Sd/-

JUDGE MSR

CT;BN