Gadigeppa S/O Yallappa Bandiwad vs Ramappa S/O Gadigeppa Holemmanavar
2024 Latest Caselaw 27814 Kant

Karnataka High Court

Gadigeppa S/O Yallappa Bandiwad vs Ramappa S/O Gadigeppa Holemmanavar on 20 November, 2024

                                               -1-
                                                        NC: 2024:KHC-D:16930
                                                      RSA No. 100463 of 2023




                               IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                           DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                            BEFORE

                            THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                                  RSA NO. 100463 OF 2023 (INJ)

                      BETWEEN:

                      GADIGEPPA S/O. YALLAPPA BANDIWAD,
                      AGE: 78 YEARS, OCC. AGRICULTURE,
                      R/O. NOOLVI VILLAGE, TQ. HUBBALLI,
                      DIST. DHARWAD-580028.
                                                               ... APPELLANT
                      (BY SRI. N.H.PATIL, ADVOCATE)

                      AND:

                      1.    RAMAPPA S/O. GADIGEPPA HOLEMMANAVAR,
                            AGE: 78 YEARS, OCC. AGRICULTURE,
         Digitally
         signed by
                            R/O. NOOLVI VILLAGE, TQ. HUBBALLI,
VISHAL
         VISHAL
         NINGAPPA
NINGAPPA PATTIHAL
                            DIST. DHARWAD-580028.
PATTIHAL Date:
         2024.11.21
         10:51:17
         +0530

                            HANAMANT S/O. RAMAPPA HOLEMMANAVAR,
                            SINCE DEAD BY HIS LEGAL HEIRS.

                      2.    SUMANGALA W/O. HANAMANT HOLEMMANAVAR,
                            AGE: 46 YEARS, OCC. HOUSEHOLD,
                            R/O. NOOLVI VILLAGE, TQ. HUBBALLI,
                            DIST. DHARWAD-580028.

                      3.    KIRAN S/O. HANAMANT HOLEMMANAVAR,
                            AGE: 17 YEARS, OCC. STUDENT,
                            R/O. NOOLVI VILLAGE, TQ. HUBBALLI,
                            DIST. DHARWAD-580028.
                         -2-
                                 NC: 2024:KHC-D:16930
                              RSA No. 100463 of 2023




4.   ARUN S/O. HANAMANT HOLEMMANAVAR,
     AGE: 15 YEARS, OCC. STUDENT,
     R/O. NOOLVI VILLAGE, TQ. HUBBALLI,
     DIST. DHARWAD-580028.

5.   MAHANTESH S/O RAMAPPA HOLEMMANAVAR,
     AGE: 51 YEARS, OCC. AGRICULTURE,
     R/O. NOOLVI VILLAGE, TQ. HUBBALLI,
     DIST. DHARWAD-580028.

6.   KANTEPPA S/O. RAMAPPA HOLEMMANAVAR,
     AGE: 48 YEARS, OCC. AGRICULTURE,
     R/O. NOOLVI VILLAGE, TQ. HUBBALLI,
     DIST. DHARWAD-580028.

     RESPONDENT NO 3 AND 4 ARE MINOR
     REPRESENTED BY NATURAL GUARDIAN MOTHER
     RESPONDENT NO.2
                                   ... RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
1908, AGAINST THE JUDGMENT AND DECREE DATED
01.10.2022 PASSED IN R.A.NO.92/2019 ON THE FILE OF
THE I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, HUBBALLI, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 29.06.2019 PASSED IN O.S. NO.257/2010 ON THE
FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, HUBBALLI, DISMISSING THE
SUIT   FILED  FOR    PERMANENT    INJUNCTION  AND
MANDATORY INJUNCTION.

     THIS APPEAL, COMING ON FOR DISMISSAL, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                               -3-
                                       NC: 2024:KHC-D:16930
                                    RSA No. 100463 of 2023




                         ORAL JUDGMENT

The sole appellant is stated to have been died long

back.

No steps have been taken to bring his L.Rs. on

record. The appeal stands abated.

Sd/-

_____________________ (JUSTICE K.S.HEMALEKHA)

Vnp / CT: PA