Karnataka High Court
Bhavasar Kshatriya Samaj And Anothers vs Smt Susheelabai Ganapatrao Pawar And 14 on 4 August, 2025
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NC: 2025:KHC-D:9721
RSA No. 5004 of 2008
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 5004 OF 2008
BETWEEN:
1. BHAVASAR KSHATRIYA SAMAJ
PAAN BAZAAR, HUBLI,
A TRUST COMMITTEE, HUBLI.
2. SRI. MADHUKAR CHINNAPPA MIRAJKAR
AGE. 71 YEARS, OCC. BUSINESS,
RESIDENT OF HUBLI,
PRESIDENT OF THE APPELLANT TRUST COMMITTEE.
...APPELLANTS
(BY SRI. GOURI SHANKAR MOT, ADVOCATE)
AND:
1. SMT. SUSHEELABAI KOM. GANAPATRAO PAWAR
AGE. 55 YEARS, OCC. HOUSEHOLD WORK,
RESIDENT OF RADHAKRISHNA GALLI, HUBLI.
Digitally signed by
MALLIKARJUN
RUDRAYYA
2. SMT. KRISHNABAI KOM. HANAMANTATRAO SOLANKHE
KALMATH
Location: HIGH AGE. 70 YEARS, OCC. HOUSEHOLD WROK,
COURT OF
KARNATAKA
DHARWAD
RESIDENT OF DAJIBANPETH, HUBLI.
BENCH
Date: 2025.08.06
11:05:46 +0530
3. SMT. LAXMIBAI KOM. NARAYANRAO PAWAR
AGE. 60 YEARS, OCC. HOUSEHOLD WORK,
RESIDENT OF AZAD ROAD, HUBLI.
4. SRI. TUKARAM S/O. NARAYAN PAWAR
AGE. 50 YEARS, OCC. CARPENTER
RESIDENT OR RADHAKRISHNA GALLI,
HUBLI.
5. SRI. NAMDEV NARAYAN PAWAR
AGE. ABOUT 45 YEARS,
OCC. GOUNDI WORK,
RESIDENT OF AZAD ROAD, HUBLI.
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RSA No. 5004 of 2008
HC-KAR
6. BALAKRISHNA S/O. NARAYAN PAWAR
AGE. 36 YEARS, OCC. BUSINESS,
RESIDENT OF AZAD ROAD, HUBLI.
7. SRI VAMAN S/O. NARAYAN PAWAR
AGE. MAJOR, OCC. NOT KNOWN
RESIDENT OF AZAD ROAD, HUBLI.
8. SMT. RUKMAVVA NARAYAN PAWAR,
AGE. MAJOR, OCC. HOUSEHOLD WORK,
RESIDENT OF AZAD ROAD, HUBLI.
9. SRI GANAPATRAO S/O. RAMRAO LOKHANDE
SINCE DECEASED BY HIS LRS.
9(A). SRI ARUN S/O. GANAPATRAO LOKHANDE
AGE. MAJOR, OCC. TAILORING
RESIDENT OF RADHAKRISHNA GALLI, HUBLI.
10. SRI. MARUTI S/O. GUNDURAO LOKHANDE
AGE. 43 YEARS, OCC. TAILORING
RESIDENT OF MANGALWARPETH,
HUBLI.
11. SRI. KRISHANAJI S/O. LAXMAN LOKHANDE
SINCE DECEASED BY HIS LRS
11(A). SRI. PRAKASH S/O. KRISHNAJIRAO LOKHANDE
AGE. MAJOR, OCC. TAILORING
RESIDENT OF RADHAKRISHNA GALLI,
HUBLI.
11(B). SRI. RAMESH S/O. KRISHNAJIRAO LOKHANDE
AGE. MAJOR, OCC. TAILORING,
RESIDENT OF RADHAKRISHNA,
HUBLI.
12. SRI. SHANKAR S/O. ANANT LOKHANDE
AGE. 55 YEARS, OCC. TAILORING
RESIDENT OF KHAJE GALLI, INFRONT OF
DASANAKOPPA'S
BUILDING, DHARWAD.
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RSA No. 5004 of 2008
HC-KAR
13. SRI. PRABHAKAR S/O. VADIRAJ SHET
AGE. MAJOR, OCC. BUSINESS
RESIDENT OF VITHOBA DEVAR GALLI,
HUBLI.
14. SRI. SURESH SRINIVAS ANEGUNDI
AGE. MAJOR, OCC. NOT KNOWN
RESIDENT OF RADHAKRISHNA GALLI,
LOKHANDE CHAWL, HUBLI.
15. SRI. RAGHAVENDRA SRINIVAS ANEGUNDI
AGE. MAJOR, OCC. NOT KNOWN,
RESIDENT OF RADHAKRISHNA GALLI,
LOKHANDE CHAWL, HUBLI.
...RESPONDENTS
(BY SRI. D.T. HEBBAR AND
SRI. L.M. SHEELVANT, ADVOCATES FOR R14,R15;
SRI. K.S. KOTISHETTAR AND
SRI. S.C. JAINAR, ADVOCATES FOR R9 (A), R10,
R11(A). R11(B);
NOTICE TO R7, R8, R12 SERVED;
R6 AND R13 HELD SUFFICIENT;
R1 TO R5, R9(A), R10 AND R11(B) ABATED)
THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER XLI
RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
03.03.2008 PASSED IN R.A.NO.84/2001 ON THE FILE OF THE I
ADDL. CIVIL JUDGE (SR.DN.) HUBLI, DISMISSING THE APPEAL
FILED AGAINST THE JUDGMENT AND DECREE DATED 19.03.2001
PASSED IN O.S. NO.424/1980 ON THE FILE OF THE I ADDL. CIVIL
JUDGE (JR.DN.) HUBLI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:9721
RSA No. 5004 of 2008
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
Learned Counsel for the appellants has filed a memo
seeking to dismiss the appeal as not pressed. The same
reads as under:
"MEMO
Herein, the appellants hereby respectfully
submits as under:
The appellants and respondent No.10's
legal heirs in response to the advice of the elders
and having convinced themselves that it is not
practical and worthwhile to keep the above
appeal alive and thus having had discussion,
negotiation in the midst of the elders members,
agreed to resolve.
That the respondent No.10 legal heirs are
in possession of the suit property by virtue of
agreement dated 11.11.2024. The appellants
have given up all his right, title and interest in
the suit property n favour of the respondent
No.10's legal heirs.
NC: 2025:KHC-D:9721
HC-KAR
Therefore, it is humbly prayed this Hon'ble
Court pleased to dismiss as not pressed above
appeal, in the interest of justice and equity.
Hence this memo."
2 Memo is taken on record. In view of the memo,
appeal is dismissed as not pressed.
Sd/-
(G BASAVARAJA)
JUDGE
lnn
Ct-cmu
