Smt. Barathi W/O Ashok Iliger vs Smt. Sharadabai W/O Sureshappa ...
2024 Latest Caselaw 26497 Kant

Karnataka High Court

Smt. Barathi W/O Ashok Iliger vs Smt. Sharadabai W/O Sureshappa ... on 6 November, 2024

                                            -1-
                                                      NC: 2024:KHC-D:16207
                                                   RFA No. 100279 of 2024




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                        DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                          BEFORE

                     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                     REGULAR FIRST APPEAL NO. 100279 OF 2024 (PAR/POS-)

                BETWEEN:

                SMT. BARATHI W/O. ASHOK ILIGER,
                AGE: 42 YEARS,
                OCC: BUSINESS,
                R/O: SAMPIGE NAGAR,
                DHARWAD,
                DIST: DHARWAD.

                                                              ...APPELLANT

                (BY SRI. S. B. PATIL, ADVOCATE)

                AND:

                1.    SMT. SHARADABAI W/O. SURESHAPPA
ASHPAK
KASHIMSA
                      KARIGOUDRU,
MALAGALADINNI
                      AGE: 68 YEARS,
                      OCC. HOUSEHOLD WORK,
                      R/O: DAMBAL, TQ. MUNDARGI,
                      DIST: GADAG.
Location:
HIGH
COURT OF        2.    UDAYAKUMAR S/O. SURESHAPPA KARIGOUDRU,
KARNATAKA
                      AGE: 49 YEARS,
                      OCC: PVT JOB,
                      R/O: 2ND CROSS,
                      1ST MAIN, KVK BADAVANE,
                      DEEPANJALI NAGAR,
                      DIST: BANGALORE.

                3.    ASHOK S/O. SURESHAPPA KARIGOUDRU,
                      AGE: 44 YEARS,
                              -2-
                                      NC: 2024:KHC-D:16207
                                   RFA No. 100279 of 2024




     OCC: BUSINESS,
     R/O: VINOBA NAGAR,
     1ST MAIN, 13TH CROSS,
     DAVANAGERE,
     DIST: DAVANAGERE.

4.   ANIL S/O. SURESHAPPA KARIGOUDRU,
     AGE: 40 YEARS,
     OCC: HOUSEHOLD,
     R/O: DAMBAL,
     TQ: MUNDARGI,
     DIST: GADAG.

5.   BASAPPA ALIAS BASAVARAJ
     S/O. MALLAPPA MUDIYAJJANAVARE,
     AGE: 53 YEARS,
     OCC: AGRICULTURE,
     R/O: HALUVAGALU VILLAGE,
     TQ: HARAPANAHALLI,
     DIST: DAVANAGERE.

                                          ...RESPONDENTS


      THIS RFA FILED UNDER SECTION 96 OF CPC., PRAYING

TO MODIFY THE JUDGMENT AND DECREE DATED 23.09.2016

PASSED BY THE CIVIL JUDGE, MUNDARGI IN O.S.NO.42/2016

IN SO FAR AS NOT GRANTING THE SHARE IN A SCHEDULED

PROPERTY, BY ALLOWING THE APPEAL IN THE INTEREST OF

JUSTICE.


      THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                  -3-
                                              NC: 2024:KHC-D:16207
                                         RFA No. 100279 of 2024




CORAM:       THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                           ORAL JUDGMENT

Memo is filed seeking leave of the Court to withdraw

the appeal with the liberty to file the appeal before the

jurisdictional District Court. Memo is accepted. Appeal is

dismissed as withdrawn. Liberty is granted to the appellant

to file the appeal before the jurisdictional District Court.

Time spent in prosecuting this appeal i.e., from

07.06.2024 to till this date is excluded in computing the

limitation.

Registry is directed to return the certified copy of the

judgment and decree to the appellant.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

RKM CT:ANB