Neelappa S/O. Veerappa Barki @ Hesari vs Premabai W/O. Veerappa @ Erappa Badiger
2024 Latest Caselaw 24917 Kant

Karnataka High Court

Neelappa S/O. Veerappa Barki @ Hesari vs Premabai W/O. Veerappa @ Erappa Badiger on 16 October, 2024

                                                 -1-
                                                           NC: 2024:KHC-D:14974
                                                           RSA No. 5558 of 2013




                                 IN THE HIGH COURT OF KARNATAKA,

                                          DHARWAD BENCH

                             DATED THIS THE 16TH DAY OF OCTOBER, 2024

                                               BEFORE
                              THE HON'BLE MRS JUSTICE K.S.HEMALEKHA


                           REGULAR SECOND APPEAL NO. 5558 OF 2013 (SP)
                      BETWEEN:

                      NEELAPPA S/O VEERAPPA BARKI @ HESARI
                      AGE: 51 YEARS, OCC. AGRICULTURE,
                      R/O. KERIMATTIHALLI, TQ AND DIST: HAVERI
                                                                    ...APPELLANT

                      (BY SRI VIJAYENDRA BHIMAKKANAVAR, ADVOCATE)

                      AND:

                      1.   SMT. PREMABAI W/O. VEERAPPA @ ERAPPA BADIGER,
                           AGE: 51 YEARS, OCC. HOUSEHOLD WORK,
                           R/O. MALLUR,
                           NOW RESIDING AT: C/O. G.V. PATTAR, KODIYAL
                           HOSPET, TQ. RANEBENNUR,
Digitally signed by        DIST. HAVERI-581115.
VISHAL NINGAPPA
PATTIHAL
Location: HIGH
COURT OF
KARNATAKA
                      2.   MANJUNATH @ MANJAPPA W/O. NINGAPPA BADIGER,
DHARWAD BENCH              AGE: 35 YEARS, OCC. AGRICULTURE,
                           R/O. MALLUR, TQ. BYADAGI,
                           DIST. HAVERI-581114.
                                                               ...RESPONDENTS

                      (BY SRI MAHESH WODEYAR ADVOCATE FOR R1;
                      SRI PRUTHVI K S, ADVOCATE FOR R2)

                           THIS RSA IS FILED U/S.100 OF CPC, PRAYING FOR THE
                      REASONS STATED ABOVE THE JUDGMENT AND DECREE OF THE
                      LOWER     APPELLATE   COURT     DATED   03.04.2013   IN
                      R.A.NO.110/2009 PASSED BY THE COURT OF THE DISTRICT
                      JUDGE (FAST TRACK) AT HAVERI IN ALLOWING THE APPEAL AND
                               -2-
                                        NC: 2024:KHC-D:14974
                                        RSA No. 5558 of 2013




DISMISSING THE SUIT MAY KINDLY BE SET ASIDE AND THEREBY
CONFIRM THE JUDGMENT AND DECREE OF THE TRIAL COURT
DATED 13.01.2006 IN O.S.NO.126/1997 PASSED BY COURT OF
ADDL.CIVIL JUDGE (JR.DN) AND JMFC HAVERI IN DECREEING
THE SUIT OF THE PLAINTIFF, IN THE INTEREST OF JUSTICE AND
EQUITY.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT PASSED THE FOLLOWING:

CORAM:     THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                         ORAL ORDER

In the light of order dated 27.09.2024, no further

orders are necessary, accordingly, the appeal is

dismissed.

SD/-

(JUSTICE K.S.HEMALEKHA) JUDGE

RH