Sri Mahadev vs Sri Veerbhadra
2024 Latest Caselaw 25227 Kant

Karnataka High Court

Sri Mahadev vs Sri Veerbhadra on 22 October, 2024

                                                 -1-
                                                            NC: 2024:KHC-D:15286
                                                       RSA.CROB No. 18 of 2007




                                 IN THE HIGH COURT OF KARNATAKA,

                                         DHARWAD BENCH

                             DATED THIS THE 22ND DAY OF OCTOBER, 2024

                                              BEFORE
                             THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                   RSA CROSS OBJ NO. 18 OF 2007
                      BETWEEN:

                      1.   SRI. MAHADEV
                           S/O. KRISHNAJI CHAVAN,
                           AGE: 31 YEARS, OCC. BUSINESS,
                           CHAVAN BROTHERS,
                           WATCH AND RADIO DEALERS.

                      2.   SRI. CHANDRAKANT
                           S/O. KRISHNAJI CHAVAN34 YEARS,
                           AGE: 34 YEARS, OCC. BUSINESS,
                           CHAVAN BROTHERS,
                           WATCH AND RADIO DEALERS.

                      3.   SRI. RAMACHANDRA
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
                           S/O. KRISHNAJI CHAVAN,
Location: HIGH
COURT OF
KARNATAKA
                           AGE: 22 YEARS, OCC. BUSINESS,
DHARWAD BENCH
                           CHAVAN BROTHERS,
                           WATCH AND RADIO DEALERS,

                           ALL ARE RESIDING OF
                           KOPPIKAR ROAD, HUBLI-580020,
                           DISTRICT: DHARWAD.
                                                            ...CROSS OBJECTORS

                      (BY SRI. M.G.MALAWADE, ADVOCATE FOR C/A1 TO A3)

                      AND:

                      1.   SRI. VEERBHADRA
                              -2-
                                           NC: 2024:KHC-D:15286
                                    RSA.CROB No. 18 of 2007




     S/O. BASAPPA SHELLIKERI,
     AGE: 38 YEARS, OCC. BUSINESS,
     RESIDENT OF C/O. SHREE TAILORS,
     KOPPIKAR ROAD, HUBLI-580020,
     DISTRICT: DHARWAD.

2.   HUBLI-DHARWAD MUNICIPAL CORPORATION
     BY ITS COMMISSIONER,
     HUBLI, DISTRICT: DHARWAD-580020.
                                      ...RESPONDENTS

      THIS RSA.CROB FILED U/O. XLI RULE 22 OF CPC.,
PRAYING TO INTERVENE, GIVE PROPER FINDINGS ON THE
GROUNDS ASSAILED HEREIN BY MODIFYING THE IMPUGNED
JUDGMENT     AND    DECREE   PASSED        ON   01.08.2007   IN
R.A.NO.2005 BY II ADDL. CIVIL JUDGE (SR.DIVN) HUBLI BY
ALLOWING     THIS   CROSS-APPEAL,   I.E.    THEREBY    TOTALLY
DECREEING THE APPELLANT'S SUIT IN O.S.NO.127/2002 FILED
BEFORE THE FIRST ADDL. CIVIL JUDGE (JR. DIVN) HUBLI, AS
PER THE FINDINGS ON ISSUE NO.1 IN R.A.NO.2002/2005
THEREBY ACCORDINGLY RECTIFY OR MODIFY THE SAME ON
THE LINE OF DECLARATION GRANTED TO FACILITATE DUE
PROCESS AGAINST THE RESPONDENTS TO MEET THE ENDS OF
JUSTICE.


      THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:


CORAM:     THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                             -3-
                                       NC: 2024:KHC-D:15286
                                  RSA.CROB No. 18 of 2007




                       ORAL ORDER

Court notice report in respect of cross objectors No.1

to 3 has been received from the Principal District and

Sessions Judge, Dharwad indicating that the cross

objectors No.1 to 3 have been personally served.

2. Cross objectors are called out. There is no

representation. It appears that the cross objectors are not

interested in prosecuting the cross objection. Hence, the

cross objection is dismissed for non-prosecution.

Sd/-

(JUSTICE K.S.HEMALEKHA)

RH