Ningraj And Ors vs Bapugouda And Ors
2024 Latest Caselaw 26525 Kant

Karnataka High Court

Ningraj And Ors vs Bapugouda And Ors on 6 November, 2024

                                                   -1-
                                                             NC: 2024:KHC-K:8172
                                                         MFA No. 201393 of 2021




                                 IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                            DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                              BEFORE
                      THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                           MISCL. FIRST APPEAL NO. 201393 OF 2021 (CPC-)
                      BETWEEN:

                      1.   NINGRAJ
                           S/O. SOMNATH PATIL,
                           AGED: ABOUT 20 YEARS,
                           OCC: STUDENT,
                           R/O. DHOBALEGALLI,
                           OPP. ISHWAR TEMPLE,
                           VIJAYAPURA.

                      2.   SIDDRAJ S/O SOMNATH PATIL
                           AGED: ABOUT 19 YEARS,
                           OCC: STUDENT,
                           R/O. DHOBALEGALLI,
                           OPP. ISHWAR TEMPLE,
                           VIJAYAPURA.
Digitally signed by
RENUKA                3.   LAXMI D/O SOMNATH PATIL
Location: HIGH             AGED: ABOUT 15 YEARS,
COURT OF
KARNATAKA                  OCC: STUDENT,
                           R/O. DHOBALEGALLI,
                           OPP. ISHWAR TEMPLE,
                           VIJAYAPURA.
                           (THE PLAINTIFF NO.3
                           BEING MINORIS REPRESENTED
                           BY THE NEXT FRIEND AND
                           NATURAL MOTHER)

                      4.   SMT. KASTURI W/O SOMNATH PATIL
                           AGED: 50 YEARS,
                           OCC: HOUSEHOLD,
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                                      NC: 2024:KHC-K:8172
                                  MFA No. 201393 of 2021




     R/O. DHOBALEGALLI,
     OPP. ISHWAR TEMPLE,
     VIJAYAPURA.

                                            ...APPELLANTS

(BY SRI. DESHPANDE G. V, ADVOCATE)

AND:

1.   BAPUGOUDA
     S/O. MADIWALAPPA @ MOHANAGOUDA PATIL,
     AGED: 72 YEARS,
     OCC: PENSIONER AND AGRICULTURE,
     R/O. NEAR MANAGULI AGASI,
     VIJAYAPURA.

2.   RENUKA W/O SOMNATH PATIL
     AGE: 54 YEARS,
     OCC: HOUSEHOLD,
     R/O. AZAD ROAD,
     JINAGAR GALLI,
     VIJAYAPURA.

3.   DR. UMA D/O. SOMNATH PATIL
     AGE: 33 YEARS,
     OCC: MEDICAL ,
     R/O. AZAD ROAD,
     JINAGAR GALLI,
     VIJAYAPURA.

4.   SMT SHANTA W/O BHIMANNA KONNAVAR
     AGE: 74 YEARS,
     OCC: HOUSEHOLD,
     R/O. AZAD ROAD,
     JINAGAR GALLI,
     VIJAYAPURA.
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                                      NC: 2024:KHC-K:8172
                                  MFA No. 201393 of 2021




5.   SMT. SHAKUNTALA W/O GIRIJAPATI BHAVIKATTI
     AGE: 70 YEARS,
     OCC: HOUSEHOLD,
     R/O. AZAD ROAD,
     JINAGAR GALLI,
     VIJAYAPURA.

6.   SHOBHA W/O RUDRAGOUDA PATIL
     AGE: 68 YEARS,
     OCC: HOUSEHOLD,
     R/O. AZAD ROAD,
     JINAGAR GALLI,
     VIJAYAPURA.

7.   SMT SUGALA ALIAS PAMPAVATI
     W/O. RAJASHEKHAR,
     AGE: 66 YEARS,
     OCC: HOUSEHOLD,
     R/O. AZAD ROAD,
     JINAGAR GALLI,
     VIJAYAPURA.

8.   SHANKARGOUDA S/O RUDRAGOUDA PATIL
     AGE: 46 YEARS,
     OCC: HOUSEHOLD,
     R/O. AZAD ROAD,
     JINAGAR GALLI,
     VIJAYAPURA.

                                            ...RESPONDENTS

(BY R2, R3, R5, R6, R7 AND R8 ARE SERVED)

      THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC ACT,
PLEASED TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER
DATED 04.10.2021 PASSED ON IA NO. 20 IN OS NO. 181/2013
ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM,
VIJAYAPURA AND PASS ANY OTHER APPROPRIATE ORDERS.
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                                         NC: 2024:KHC-K:8172
                                    MFA No. 201393 of 2021




      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM


                         ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)

Learned counsel for the appellants on instructions

submits that this appeal arising out of OS No.181/2013, is

decided by the Trial Court.

2. Reserving liberty to the appellant to urge the

grounds urged in the present appeal, in the event another

appeal is filed, captioned appeal is dismissed as having

become infructuous.

Sd/-

(SACHIN SHANKAR MAGADUM) JUDGE

NJ

CT-SW