Smt. Annapurna Hubballi vs Smt. Manjula D/O Nagesh Raikar
2024 Latest Caselaw 28118 Kant

Karnataka High Court

Smt. Annapurna Hubballi vs Smt. Manjula D/O Nagesh Raikar on 25 November, 2024

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                                                        NC: 2024:KHC-D:17281
                                                    RFA No. 100322 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. 100322 OF 2018 (DEC/INJ-)


                BETWEEN:

                SMT. ANNAPURNA HUBBALLI,
                AGE: 58 YEARS, OCC: ARTIST,
                R/O. TAJUDDIN CHAL, JAMADAR ONI,
                GANESHPET, HUBBALLI.

                BY HER GPA HOLDER
                MURTUZA KHADAR MOHAMMAD GOUSE BELAGALI
                GPA HOLDER
                AGED ABOUT: 48 YEARS,
                OCC: PRIVATE SERVICE,
                R/O: H.NO.105,
                ADARSHA LAYOUT, GUDIHAL ROAD,
                OLD HUBBALLI,
ASHPAK
KASHIMSA        HUBBALLI.
MALAGALADINNI
                PIN - 580024.

                                                                 ...APPELLANT

Location:       (BY SRI. SADIQ N. GOODWALA, ADVOCATE)
HIGH
COURT OF
KARNATAKA
                AND:

                1.    SMT. MANJULA
                      D/O. NAGESH RAIKAR,
                      AGED ABOUT: 42 YEARS,
                      OCC: HOUSEHOLD,
                      R/O: SHIVAPUTRANAGAR,
                      ANAND NAGAR ROAD,
                      OLD HUBBALLI,
                      HUBBALLI-580024.
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                                      NC: 2024:KHC-D:17281
                                    RFA No. 100322 of 2018




2.   SMT. VRUNDABAI CHANDRAKANT KAGALKAR,
     AGED ABOUT: 46 YEARS,
     OCC: HOUSEHOLD,
     R/O: SHIVAPUTRANAGAR,
     ANAND NAGAR ROAD,
     OLD HUBBALLI.


3.   SMT.PRAMILA
     W/O. GANAPATI KAGALKAR
     AGED ABOUT: 43 YEARS,
     OCC: HOUSEHOLD,
     R/O: SHIVAPUTRANAGAR,
     ANAND NAGAR ROAD,
     OLD HUBBALLI,
     HUBBALLI- 580024.

4.   SMT. PUSHPA
     W/O. MANJUNATH REVANKAR,
     AGED ABOUT: 58 YEARS,
     OCC: HOUSEHOLD,
     R/O: SHIVAPUTRANAGAR,
     ANAND NAGAR ROAD,
     OLD HUBBALLI,
     HUBBALLI- 580024.

5.   SMT.SAVITRI
     W/O. NAGESH RAIKAR,
     AGED ABOUT: 42 YEARS,
     OCC: HOUSEHOLD,
     R/O: SHIVAPUTRANAGAR,
     ANAND NAGAR ROAD,
     OLD HUBBALLI,
     HUBBALLI- 580024.

6.   SMT. MUKTA
     D/O. NAGESH RAIKAR,
     AGED ABOUT: 42 YEARS,
     OCC: HOUSEHOLD,
     R/O: SHIVAPUTRANAGAR,
     ANAND NAGAR ROAD,
     OLD HUBBALLI,
     HUBBALLI- 580024.
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                                        NC: 2024:KHC-D:17281
                                      RFA No. 100322 of 2018




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

8.   THE EXECUTIVE ENGINEER NO.3,
     THE HUBLI-DHARWAD MUNICIPAL CORPORATION,
     HUBBALLI- 580009.

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- 580024.

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.360/2016 BY ALLOWING

THIS APPEAL, IN THE INTEREST OF JUSTICED AND EQUITY.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT

DELIVERED THE FOLLOWING:
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                                        NC: 2024:KHC-D:17281
                                      RFA No. 100322 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:17281

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