Citation : 2024 Latest Caselaw 11589 Kant
Judgement Date : 27 May, 2024
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NC: 2024:KHC-D:6985
WP No. 102243 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102243 OF 2016 (GM-CPC)
BETWEEN:
SMT. SUNANDA W/O. VITTALRAO SENDRE,
AGE: 62 YEARS,
OCCUPATION: HOUSEHOLD WORK,
RESIDENT OF: DIVATE CHAWAL,
VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
...PETITIONER
(BY SRI S.G. KADADAKATTI, ADVOCATE)
AND:
1. SMT. ANASUYA W/O. NARAYAN HALBHAVI,
AGE: 77 YEARS,
OCCUPATION: HOUSE HOLD WORK,
RESIDENT OF DIVATE GALLI,
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
2. SMT. SUSHILABAI W/O. GOPALRAO DIVATE,
AGE: 67 YEARS,
OCCUPATION: HOUSE HOLD WORK,
RESIDENT OF DIVATE GALLI,
YASHAVANT HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
NARAYANKAR
Digitally signed by
YASHAVANT
3. SMT. ARUNA GOPALRAO DIVATE,
NARAYANKAR
Location: HIGH COURT AGE: 35 YEARS,
OF KARNATAKA,
DHARWAD BENCH OCCUPATION: PRIVATE SERVICE,
RESIDENT OF DIVATE GALLI,
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
4. SHRI SHRIKANT GOPALRAO DIVATE,
AGE: 30 YEARS,
OCCUPATION: PRIVATE SERVICE,
RESIDENT OF DIVATE GALLI,
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
5. SMT. ANNAPURNA W/O. NARAYAN SENDRE,
AGE: 37 YEARS,
OCCUPATION: HOUSE HOLD WORK,
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WP No. 102243 of 2016
RESIDENT OF DIVATE GALLI,
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
6. SMT. VEENA D/O. GOPALRAO DIVATE,
AGE: 30 YEARS,
OCCUPATION: PRIVATE SERVICE,
RESIDENT OF DIVATE GALLI,
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
7. SHRI NARAYANT GOPALRAO DIVATE,
AGE: 47 YEARS,
OCCUPATION: PRIEST,
RESIDENT OF ISKON TEMPLE,
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
8. SHRI VITHAL SUBRAY KAMAT,
AGE: 75 YEARS,
OCCUPATION: PENSIONER,
RESIDENT OF H.NO 14,
2ND CROSS, DESHPANDE NAGAR,
HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
9. SHRI RAMARAO SHANKARARAO MIRJANAKAR,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
10. SHRI RAJANA RAMARAO MIRJANAKAR,
AGE: 35 YEARS, OCC: NOT KNOWN,
R/O. VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
11. SHRI DEVIKA RAMARAO MIRJANKAR,
AGE: 31 YEARS, OCC: NOT KNOWN,
R/O. VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
12. THE MANAGING DIRECTOR,
BHARAT PETROLEUM CORPORATION LTD.,
VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
13. SHRI IMAMSAB S/O. GUDUSAB ANNIGERI,
AGE: 66 YEARS, OCC: PROPRIETOR,
INDIA MOTORS,
BESIDES GURUDATTA BHAVAN,
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NC: 2024:KHC-D:6985
WP No. 102243 of 2016
VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
SHRI VITTAL RAI,
SINCE DECEASED HIS LRS WIFE
14. VILASINI W/O. VITTAL RAI,
AGE: 56 YEARS, OCC: BUSINESS,
PROPRIETOR, LAXMI TYRES,
BESIDES GURUDATTA BHAVAN,
VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
15. SHRI NAGARAJ PATIL,
AGE: 66 YEARS, OCC: BUSINESS,
PROPRIETOR, KALYANI AUTO ZONE,
BESIDES GURUDATTA BHAVAN,
VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
16. SHRI SHANTARAM SHETTY,
AGE: MAJOR, OCCUPATION: BUSINESS,
PROPRIETOOR OF GURUDATTA BHAVAN,
VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
17. SHRI P.R. NAIK,
AGE: MAJOR,
OCCUPATION: BUSINESS,
PROPRIETOR PIAGGIO SHOWN ROOM,
BESIDE GURUDATTA BHAVAN,
VIDYA NAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
18. SHRI SHRIKANT KATAVATE,
AGE: MAJOR, OCCUPATION: BUSINESS,
PROPRIETOR MANJU WINES,
BESIDE GURUDATTA BHAVAN,
VIDYA NAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
19. SMT. RATNABAI W/O. CHUDAMANEPPA EKBOTE,
AGE: 75 YEARS, OCCUPATION: HOUSEHOLD WORK,
RESIDENT OF P. O. HOSARITTI TALUKA,
DISTRICT: HAVERI.
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WP No. 102243 of 2016
20. SMT. KAMALABAI W/O. CHANDRAKANT KALBURGI,
AGE: 67 YEARS, OCCUPATION: HOUSEHOLD WORK,
RESIDENT OF DIVATE CHAWL,
VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
21. SMT. TULASABAI W/O. KRISHNARAO KAMBLE,
AGE: 72 YEARS, OCCUPATION: HOUSEHOLD WORK,
RESIDENT OF M.I.G. 182,
NEAR RUCHI ICE CREAM CENTRE,
ADHONI, ANDRA PRADESH-518302.
22. SMT. SAVITRIBAI W/O. IRANNA AMBALADAGE,
AGE: 70 YEARS, OCCUPATION: HOUSEHOLD WORK,
RESIDENT OF HOUSE NO.16,
STATE BANK COLONY, COLLEGE ROAD,
ADHONI, ANDRA PRADESH-518302.
23. SHRI MURALIDHAR S/O. PUNDALIK EKBOTE,
AGE: 47 YEARS, OCCUPATION: RAILWAY SERVICE,
RESIDING AT SANTOSH NAGAR,
HUBBALLI, TQ:HUBBALLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI. R.V. ITAGI, ADV. FOR R2-R5 & R7
R1-SERVED; VIDE COURT ORDER DATED 08/02/18
PETITION AGAINST R6-R8, R12 & R18 STANDS
DISMISSED;
R13, R15, R16, R17, R19, R20, R22, R23, R14 SERVED;
R21 HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
NATURE OF CERTIORARI QUASHING THE ORDER DATED: 09.02.2016
PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, IN
O.S.NO.48/2008 ON I.A.NO.11 AND 12 VIDE ANNEXURE-E.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:6985
WP No. 102243 of 2016
ORDER
Counsel for petitioner has filed a memo indicating that
the suit filed by the petitioner herein in O.S.No.48/2008 is
decreed by the judgment dated 03.10.2023. Though
respondent has preferred an appeal by filing Regular First
Appeal, the petitioner is reserved with liberty to address
arguments on the grounds urged in the captioned writ petition.
Accordingly, the writ petition stands disposed off.
Sd/-
JUDGE
YAN
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