Karnataka High Court
Irayya S/O Panchayya Mathapati vs Smt. Mallavvan W/O Basayya Pujar on 28 October, 2024
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NC: 2024:KHC-D:15633
RFA No. 100051 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100051 OF 2024 (FDP)
BETWEEN:
1. IRAYYA S/O. PANCHAYYA MATHAPATI,
AGE: 53 YEARS,
OCC: AGRICULTURE,
R/O: KOTUR,
TQ. DIST. DHARWAD-580011.
2. NINGAYYA
S/O. PANCHAYYA MATHAPATI,
AGE: 50 YEARS,
OCC: AGRICULTURE,
R/O: KOTUR, TQ. DIST. DHARWAD-580011.
3. SHRI. BASAYYA
S/O. PANCHAYYA MATHAPATI,
ASHPAK AGE: 45 YEARS,
KASHIMSA
MALAGALADINNI OCC: AGRICULTURE,
R/O: KOTUR,
TQ. DIST. DHARWAD.
4. SMT. NEELAVVA
Location: W/O. PANCHAYYA MATHAPATI,
HIGH AGE: 66 YEARS,
COURT OF OCC: HOUSEHOLD WORK,
KARNATAKA
R/O: KOTUR,
TQ. DIST. DHARWAD-580011.
5. MANJULA
W/O. RACHAYYA MATHAPATI,
AGE: 42 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SHEELAVANTAR ONI,
KAMANAKATTI, DHARWAD.
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RFA No. 100051 of 2024
6. BASALINGAVVA
W/O. MALLAYYA MATHAPATI,
AGE: 65 YEARS,
OCC: HOUSEHOLD WORK,
R/O: KOTUR,
TQ. DIST. DHARWAD-580011.
7. KALLAVVA
W/O. SHANKRAYYA KOPPAYYANAVAR,
AGE: 52 YEARS, OCC: HOUSEHOLD,
R/O: JANATA PLOT, KOTUR,
TQ & DIST. DHARWAD.
8. SHANKRAYYA
S/O. MALLAYYA MATHAPATI,
AGE: 47 YEARS,
OCC: AGRICULTURE,
R/O: KOTUR,
TQ & DIST. DHARWAD-580011.
9. IRAVVA W/O. MUGAYYA PUJAR,
AGE: 42 YEARS,
OCC: HOUSEHOLD WORK,
R/ HEBBALLI,
TQ. & DIST. DHARWAD.
10. SUSAVVA
W/O. BASAVARAJ YERIKOPPA,
AGE: 40 YEARS,
OCC: HOUSEHOLD WORK
R/O: YERIKOPPA, TQ. & DIST. DHARWAD.
....APPELLANTS
(BY SRI. SHRIKANT T. PATIL, ADVOCATE)
AND:
1. SMT. MALLAVA
W/O. BASAYYA PUJAR,
AGE: 62 YEARS,
OCC: HOUSEHOLD WORK,
R/O: TARIHAL VILLAGE,
TQ. HUBBALLI,
DIST. DHARWAD-580026.
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RFA No. 100051 of 2024
2. SHRI. GANAYYA
S/O. GIRIMALLAYYA MATHPATI,
AGE: 53 YEARS,
OCC: AGRICULTRUE,
R/O: KOTUR,
TQ.DIST. DHARWAD-580011.
3. NINGAYYA
S/O. GIRIMALLAYYA MATHPATI,
AGE: 45 YEARS,
OCC: COOLIE,
R/O: KOTUR,
TQ. DIST. DHARWAD-580011.
4. MAHADEVI
W/O. SHEKHAYYA MATHAPATI,
AGE: 54 YEARS, OCC: AGRICULTRUE,
R/O. KOTUR,
TQ.DIST. DHARWAD-580011.
SHANTAVVA W/O. GIRIMALLAYYA MATHAPATI,
SINCE DECEASED BY HER LRS.
5. SHRI. KALLAYYA
S/O. MALLAYYA MATHAPATI,
AGE: 57 YEARS,
OCC: POLICE CONSTABLE,
R/O: KUNDAGOL P.S,
TQ. KUNDAGOL,
DIST: DHARWAD-581113.
6. RUDRAYYA
S/O. BASAYYA MATHAPATI,
AGE: 28 YEARS,
OCC: AGRICULTURE,
R/O: KOTUR,
TQ. DIST. DHARWAD-580011.
7. SMT. KASHAVVA
W/O. BASAYYA MATHAPATI,
AGE: 57 YEARS,
OCC: HOUSEHOLD WORK,
R/O: KOTUR,
TQ. DIST. DHARWAD-580011.
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RFA No. 100051 of 2024
8. NEELAVVA
W/O. SHIVAYYA MATHAPATI,
AGE: 66 YEARS,
OCC: HOUSEHOLD WORK,
R/O: KOTUR,
TQ.DIST. DHARWAD-580011.
9. GANGAVVA@ MAHADEVI
W/O. MALLAYYA ANGADI,
AGE: 47 YEARS,
OCC: HOUSEHOLD WORK,
R/O: CHIKKANANDIHALLI, T
TQ: BAILHONGAL,
DIST: BELAGAVI-591125.
10. GOURAVVA
W/O. MADIWALAYYA SHINNIKERIMATH,
AGE: 42 YEARS,
OCC: PVT. WORK,
R/O: L.N PLOT, NO. 167,
H.P GAS FACTORY ROAD,
BELUR INDUSTRIES AREA,
BELUR,
TQ AND DIST: DHARWAD-580011.
11. IRAYYA
S/O. NAGAYYA MATHAPATI,
AGE: 31 YEARS,
OCC: COOLIE,
R/O: BAD VILLAGE,
TQ.DIST. DHARWAD - 580118.
....RESPONDENTS
---
THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER 41
RULE 1 OF CPC., PRAYING THAT THE ORDER OF FINAL DECREE
PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM,
DHARWAD, IN FDP 31/2018 DATED 29.09.2023 BE SET ASIDE.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:15633
RFA No. 100051 of 2024
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
1. It is noticed that the suit was filed in O.S.No.85/2012
on the file of the Principal Senior Civil Judge and
CJM, Dharwad. Against the judgment and decree in
the suit for partition, R.A.No.109/2013 is filed. The
said appeal was allowed and the preliminary decree
is modified. Based on the preliminary decree passed
in R.A.No.109/2013, the present FDP No.31/2018 is
filed is made before the Senior Civil Judge, Dharwad.
The said final decree proceeding is concluded on
29.09.2023 in terms of the impugned judgment and
decree before this Court.
2. Since the First Appeal is filed before the District
Judge against the judgment and decree passed by
the Senior Civil Judge, Dharwad, the present appeal
does not lie before this Court. The appeal should lie
before the jurisdictional District Judge.
NC: 2024:KHC-D:15633
3. Hence the appeal is dismissed as withdrawn. The
appellant is at liberty to file the appeal before the
jurisdictional District Judge. The time spent in
prosecuting this appeal i.e., from 01.02.2024 till this
date be excluded in computing the limitation in case
the appeal is filed before the District Judge.
4. Registry to return the certified copies of the
judgment and decree to the appellant.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
gab
CT:ANB
