Meersab S/O. Bashasab Kurdagi vs Ramakant S/O. Basalingappa Gaddi
2024 Latest Caselaw 25389 Kant

Karnataka High Court

Meersab S/O. Bashasab Kurdagi vs Ramakant S/O. Basalingappa Gaddi on 24 October, 2024

                                                 -1-
                                                         NC: 2024:KHC-D:15505
                                                         RSA No. 5249 of 2013




                                 IN THE HIGH COURT OF KARNATAKA,

                                          DHARWAD BENCH

                            DATED THIS THE 24TH DAY OF OCTOBER, 2024

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


                           REGULAR SECOND APPEAL NO. 5249 OF 2013 (SP)
                      BETWEEN:

                      1.    MEERSAB
                            S/O. BASHASAB KURDAGI,
                            SINCE DECEASED BY HIS LRS.

                      1A. DILSHAD BEGAM
                          W/O. MEERSAB KURADAGI,
                          AGE: 30 YEARS, OCC. HOUSEHOLD WORK,
                          R/O. ILKAL, TQ. HUNGUND,
                          NOW AT LINGASUGURU,
                          DIST. RAICHUR-584101.

                      1B. KUMARI NAJANEEN
                          D/O. MEERSAB KURADAGI,
Digitally signed by       AGE: 10 YEARS, MINOR
VISHAL NINGAPPA
PATTIHAL
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
                      1C. KUMAR ABRAR
                          S/O. MEERSAB KURADAGI ,
                          AGE: 08 YEARS, MINOR,

                      1D. MAHAMMAD AYAN MEERSAB KURADAGI,
                           AGE: 06 YEARS, MINOR,
                           APPELLANT NOS.1(A) TO 1(D) ARE
                           UNDER THE CARE OF THEIR NATURAL MOTHER
                           DILSHAD BEGAM.
                                                               ...APPELLANTS
                      (BY SRI. M.C.BANDI, ADVOCATE)
                             -2-
                                       NC: 2024:KHC-D:15505
                                       RSA No. 5249 of 2013




AND:

1.   RAMAKANT
     S/O. BASALINGAPPA GADDI,
     AGE: 48 YEARS, OCC: BUSINESS,
     R/O. KUSHTAGI,
     DIST. KOPPAL-583231.

2.   AMBU RAMAPPA CHAVHAN
     AGE: 50 YEARS,
     OCC. AGRICULTURE,
     R/O. BALAKUNDI TANDA,
     TQ. HUNGUND-587118.
                                              ...RESPONDENTS
(R1-DISMISSED, R2 ABATED)

       THIS RSA IS FILED U/S. 100 AND ORDER 42 RULES 1

AND 2 OF CPC., PRAYING TO CALL FOR RECORDS OF

RA.NO.02/2009 ON THE FILE OF HUNGUND AND THOSE OF

O.S.NO.253/2002 ON THE FILE OF THE CIVIL JUDGE, JUNIOR

DIVISION, HUNGUND AND PERUSE THEM AND SET ASIDE THE

SAID JUDGMENTS AND DECREE DATED 06.11.2012 PASSED IN

R.A.NO.2/2009   IN   O.S.NO.253/2002    AND    FURTHER   BE

PLEASED TO DECREE SUIT O.S.NO.253/2002 FILED BY THE

PLAINTIFF/APPELLANT.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:


CORAM:    THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                            -3-
                                     NC: 2024:KHC-D:15505
                                    RSA No. 5249 of 2013




                     ORAL JUDGMENT

In light of holding that appeal is dismissed against

respondent No.1 and appeal is abated against respondent

No.2, the appeal stands abated.

Sd/-

(JUSTICE K.S.HEMALEKHA)

AT