Smt. Leela Sagar vs Smt. Manjula D/O Nagesh Raikar
2024 Latest Caselaw 28115 Kant

Karnataka High Court

Smt. Leela Sagar vs Smt. Manjula D/O Nagesh Raikar on 25 November, 2024

                                          -1-
                                                   NC: 2024:KHC-D:17280
                                                 RFA No. 100318 of 2018




                           IN THE HIGH COURT OF KARNATAKA,
                                    DHARWAD BENCH
                       DATED THIS THE 25TH DAY OF NOVEMBER, 2024
                                        BEFORE
                     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                REGULAR FIRST APPEAL NO. 100318 OF 2018 (DEC/INJ-)
                BETWEEN:

                SMT. LEELA SAGAR
                AGED ABOUT: 58 YEARS,
                OCC: ARTIST,
                R/O: TAJUDDIN CHAL,
                JAMADAR ONI,
                GANESHPETH,
                HUBBALLI - 580009.
                                                           ...APPELLANT

                (BY SRI. SADIQ N. GOODWALA, ADVOCATE)

                AND:

ASHPAK
                1.     SMT. MANJULA
KASHIMSA
MALAGALADINNI          D/O. NAGESH RAIKAR,
                       AGED ABOUT: 40 YEARS,
                       OCC: HOUSEHOLD,
                       R/O: SHIVAPUTRANAGAR,
Location:
HIGH                   ANAND NAGAR ROAD,
COURT OF
KARNATAKA              OLD HUBBALLI-580024.

                2.     SMT. VRUNDABAI CHANDRAKANT KAGALKAR,
                       AGED ABOUT: 44 YEARS,
                       OCC: HOUSEHOLD,
                       R/O: SHIVAPUTRANAGAR,
                       ANAND NAGAR ROAD,
                       OLD HUBBALLI-580029.

                3.     SMT.PRAMILA
                       W/O. GANAPATI KAGALKAR,
                         -2-
                                    NC: 2024:KHC-D:17280
                                RFA No. 100318 of 2018




     AGED ABOUT: 45 YEARS,
     OCC: HOUSEHOLD,
     R/O: SHIVAPUTRANAGAR,
     ANAND NAGAR ROAD,
     OLD HUBBALLI-580029.

4.   SMT. PUSHPA
     W/O. MANJUNATH REVANKAR,
     AGED ABOUT: 56 YEARS,
     OCC: HOUSEHOLD,
     R/O: SHIVAPUTRANAGAR,
     ANAND NAGAR ROAD,
     OLD HUBBALLI -580029.

5.   SMT.SAVITRI
     W/O. NAGESH RAIKAR,
     AGED ABOUT: 40 YEARS,
     OCC: HOUSEHOLD,
     R/O: SHIVAPUTRANAGAR,
     ANAND NAGAR ROAD,
     OLD HUBBALLI-580029.

6.   SMT. MUKTA
     D/O. NAGESH RAIKAR,
     AGED ABOUT: 40 YEARS,
     OCC: HOUSEHOLD,
     R/O: SHIVAPUTRANAGAR,
     ANAND NAGAR ROAD,
     OLD HUBBALLI-580029.

7.   THE HUBLI-DHARWAD MUNICIPAL
     CORPORATION,
     HUBBALLI-580009
     BY ITS COMMISSIOER.

8.   THE EXECUTIVE ENGINEER NO.3,
     THE HUBLI-DHARWAD MUNICIPAL
     CORPORATION,
     HUBBALLI-580009.
                          -3-
                                    NC: 2024:KHC-D:17280
                                  RFA No. 100318 of 2018




9.   THE STATE OF KARNATAKA
     BY ITS SECRETARY TO
     REVENUE DEPARTMENT,
     M.S. BUILDING,
     BENGLAURU-560001.

10. THE POLICE INSPECTOR
    OLD-HUBLI POLICE STATION,
    OLD-HUBLI,
    HUBBALLI-580029.

11. THE DEPUTY COMMISSIONER
    DHARWAD DISTRICT,
    DHARWAD,
    D.C. COMPOUND,
    DHARWAD-580001.

                                        ...RESPONDENTS

                       --------

     THIS RFA IS FILED UNDER SECTION 96 OF THE CIVIL

PROCEDURE CODE 1908., PRAYING TO SET ASIDE THE

JUDGMENT AND DECREE DATED 28.04.2018 PASSED BY III

ADDL. SENIOR CIVIL JUDGE AND JMFC., HUBBALLI IN

O.S.NO.359/2016 BY ALLOWING THIS APPEAL, IN THE

INTEREST OF JUSTICE AND EQUITY.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                               -4-
                                        NC: 2024:KHC-D:17280
                                      RFA No. 100318 of 2018




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

                     ORAL JUDGMENT

Learned counsel for the appellant submits that

another connected appeal arising from the same judgment

and decree which was disposed of by the Division Bench in

RFA No.100319/2018. Following the said judgment,

another appeal in RFA No.100320/2018 is dismissed on

23.11.2024.

2. He further submits that this appeal is arising

from the same judgment and decree. However, same is

dismissed for non-prosecution and makes a request to

restore the matter and to pass appropriate orders in terms

of the judgment and decree in RFA No.100319/2018.

Considering the submission made, this appeal is restored

by recalling the order dated 01.08.2024 and appeal is

restored and taken on file.

NC: 2024:KHC-D:17280

3. In view of the disposal of RFA No.100319/2018

and RFA No.100320/2018, this appeal is dismissed in

terms of the aforementioned judgments.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

RKM CT:ANB