Karnataka High Court
Mahadevappa Fakkirappa Kumbar @ Goudar vs Smt.Parvatevva on 21 October, 2024
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NC: 2024:KHC-D:15135
RFA No. 100004 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100004 OF 2017 (MON-)
BETWEEN:
1. MAHADEVAPPA FAKKIRAPPA KUMBAR @ GOUDAR,
SINCE DECEASED BY HIS LRS & OTHERS
SHRI. FAKKIRAPPA MAHADEVAPPA
KUMBAR @ GOUDAR,
SINCE DECEASED BY HIS LRS & OTHERS,
SMT. RATNAVVA
W/O. FAKKIRAPPA KUMBAR @ GOUDAR,
AGE: 63 YEARS, OCC: HOUSEHOLD,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
(SINCE DECEASED REPRESENTED BY HER
LEGAL HEIRS, APPELLAT NO.1, THEY ARE ALREADY ON
RECORD.
2. RAJANNA FAKKIRAPPA KUMBAR @ GOUDAR,
ASHPAK AGE: 31 YEARS, OCC: PRIVATE WORK,
KASHIMSA
MALAGALADINNI R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023,
DIST: DHARWAD.
Location: 3. SHRI. PRAKASH
HIGH S/O. FAKKIRAPPA KUMBAR @ GOUDAR,
COURT OF AGE: 38 YEARS, OCC: BUSINESS,
KARNATAKA
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
(SINCE DECEASED BY HIS LR'S)
3(a) KAVITA W/O. PRAKASH KUMBAR @ GOUDAR,
AGE: 42 YEARS, OCC: HOUSEHOLD.
3(b) TEJASWINI D/O. PRAKASH KUMBAR @ GOUDAR,
AGE: 16 YEARS, OCC: STUDENT.
3(c) JANHAVI D/O. PRAKASH KUMBAR @ GOUDAR,
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RFA No. 100004 of 2017
AGE: 15 YEARS, OCC: STUDENT,
ALL ARE R/O. KUMBAR ONI, KESHWAPUR,
HUBBALLI, DIST: DHARWAD.
4. PADMA D/O. FAKKIRAPPA KUMBAR @ GOUDAR,
AGE: 36 YEARS, OCC: HOUSEHOLD,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
5. SHRI. MANJU S/O. FAKKIRAPPA KUMBAR @ GOUDAR,
AGE: 34 YEARS, OCC: BUSINESS,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
MUDAKAPPA S/O. MAHADEVAPPA KUMBAR @ GOUDAR,
SINCE DECEASED BY HIS LRS
6. SMT.NEELAVVA W/O. MUDUKAPPA KUMBAR @ GOUDAR,
AGE: 57 YEARS, OCC: HOUSEHOLD,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
SINCE DECEASED REPT. BY HER LRS
THE APPELLANT NO.7 TO 12 ARE THE LEGAL HEIRS
OF APPELLANT NO.6. THEY ARE ALREADY ON RECORD.
7. ASHOK MUDUKAPPA KUMBAR @ GOUDAR,
AGE: 42 YEARS, OCC: BUSINESS,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
MAHESH S/O. MUDUKAPPA KUMBAR @ GOUDAR
SINCE DECEASED BY HIS LRS.
7(a) GIRIJA W/O. ASHOK KUMBAR @ GOUDAR,
AGE: 38 YEARS, OCC: HOUSEHOLD.
7(b) NANDINI D/O. ASHOK KUMBAR @ GOUDAR,
AGE: 15 YEARS, OCC: STUDENT.
7(c) GIRISH S/O. PRAKASH KUMBAR @ GOUDAR,
AGE: 07 YEARS, OCC: STUDENT,
ALL ARE R/O. KUMBAR ONI, KESHWAPUR,
HUBBALLI,
DIST: DHARWAD.
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RFA No. 100004 of 2017
8. SMT. SUREKHA W/O. MAHESH KUMBAR @ GOUDAR,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
9. VARSHA D/O. MAHESH KUMBAR @ GOUDAR,
AGE: 13 YEARS, OCC: STUDENT,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
10. TEJU @ TEJUS D/O. MAHESH KUMBAR @ GOUDAR,
AGE: 10 YEARS, OCC: STUDENT,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
APPELLANTS 9 & 10 BEING MINOR
REPRESENTED BY THEIR MINOR
GUARDIAN, NATURAL MOTHER
SMT.SUREKHA-APPELLANT NO.8.
11. SHRI. SRINIVAS
S/O. MUDUKAPPA KUMBAR @ GOUDAR,
AGE: 40 YEARS, OCC: EX.SOLDIER,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
12. SHRI. SHIVANAND
S/O. MUDUKAPPA KUMBAR @ GOUDAR,
AGE: 38 YEARS, OCC: PRIVATE WORK,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
13. SHRI. CHANDRASHEKHAR
MAHADEVAPPA KUMBAR @ GOUDAR,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
14. SHRI. DYAMANNA
S/O. MAHADEVAPPA KUMBAR @ GOUDAR,
AGE: 52 YEARS, OCC: BUSINESS,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
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RFA No. 100004 of 2017
GANGAMMA
W/O. MAHADEVAPPA KUMBAR @ GOUDAR,
DIED ON 16/12/2016.
THE APPELLANTS ARE HER
LEGAL REPRESENTATIVES,
15. SRI. PREM S/O. CHINNAPPA
KUMBAR @ GOUDAR,
AGE: 37 YEARS,
OCC: HOUSEHOLD,
R/O: "SRI BASAVA NILAYA"
H.B. APPANNAVAR,(BENGERI) ,
NO.427/0/8, 1ST STAGE, PACIFIC PARK,
KUSUGAL ROAD, HUBBALLI-580023,
DIST: DHARWAD.
16. SHRI. MALAKAPPA
MAHADEVAPPA KUMBAR @ GOUDAR,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
...APPELLANTS
(BY SRI. D.M. KULKARNI, ADVOCATE)
AND:
SMT. PARVATEVVA
W/O. MALLAPPA KUMBAR @ GOUDAR,
DIED ON 12/11/2016 AT HUBBALLI.
RESPONDENTS 1 TO 6 ARE HER LRS.
1. SRI. NEELAPPA
S/O. MALLAPPA KUMBAR @ GOUDAR,
AGE: 57 YEARS,
OCC: RAILWAY EMPLOYEE,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
2. SRI. RAMESH
S/O. MALLAPPA KUMBAR @ GOUDAR,
AGE: 50 YEARS, OCC: PRIVATE JOB,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
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RFA No. 100004 of 2017
3. SMT. SHASHIKALA
W/O. LATE ARJUN KUMBAR @ GOUDAR,
AGE: 40 YEARS, OCC: RAILWAY EMPLOYEE,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
4. KUMAR SANDEEP
ARJUN KUMBAR @ GOUDAR,
AGE: 16 YEARS, OCC: STUDENT,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
5. KUMARI. SANJANA
D/O. LATE ARJUN KUMBAR @ GOUDAR,
AGE: 16 YEARS, OCC: STUDENT,
R/O: KUMBAR ONI, KESHWAPUR,
HUBBALLI-580023, DIST: DHARWAD.
(RESPONDENT NO.4 & 5 BEING MINOR
REPRESENTED BY GUARTDIAN-NATURAL
MOTHER-RESPONDENT NO.3)
...RESPONDENTS
(BY SRI. AYUSH G. BHAT, ADVOCATE FOR R-3)
THIS RFA IS FILED UNER SEC. 96 R/W ORDER XLI RULE 1
CPC., 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 15.09.2016 PASSED BY THE III ADDITIONAL SENIOR CIVIL
JUDGE, HUBBALLI IN O.S.147/2014 AND ALLOW THE APPEAL WITH
COSTS THROUGHOUT BY DISMISSING THE SUIT IN O.S 147/2014
ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:15135
RFA No. 100004 of 2017
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
Memo is filed reporting out of the Court settlement.
Accordingly, memo is accepted. Appeal is dismissed
as withdrawn.
Registry is directed to refund the Court fee in the
name of appellant No.16, as requested.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
RKM
CT:ANB
