Shankar S/O Avadu Gadkar vs Anjan Raghunath Gadkar
2025 Latest Caselaw 1891 Kant

Karnataka High Court

Shankar S/O Avadu Gadkar vs Anjan Raghunath Gadkar on 31 July, 2025

                                                    -1-
                                                                NC: 2025:KHC-D:9457
                                                               RSA No. 5845 of 2011


                       HC-KAR



                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 31ST DAY OF JULY, 2025

                                                 BEFORE
                                 THE HON'BLE MR. JUSTICE G BASAVARAJA
                                REGULAR SECOND APPEAL NO. 5845 OF 2011
                      BETWEEN:

                      SHANKAR S/O. AVADU GADKAR
                      AGE: 71 YEARS, OCC: BUSINESS MAN,
                      R/O: BOMBAY-400001.
                                                                        ...APPELLANT
                      (BY SRI. B. MOHAMMED ALI AND SRI. H.S. SHEIKH, ADVOCATES)

                      AND:

                      1.    ANJNA RAGHUNATH GADKAR
                            AGE: 59 YEARS,
                            R/O: CHITTAKULA, DIST: KARWAR-550012.

                      2.    SMT. ACHHU @ KUSUMA D/O. RAGHUNATH GADKAR
                            AGE: 64 YEARS,
                            R/O: CHITTAKULA, DIST: KARWAR-550012.

                      3.    JEEVAN S/O. RAGHUNATH GADKAR
                            AGE: 62 YEARS,
                            R/O: CHITTAKULA, DIST: KARWAR-550012.
Digitally signed by
MALLIKARJUN
RUDRAYYA
KALMATH
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.08.01
                      4.    SMT. RUPA W/O. SHANTARAM LAD
15:03:47 +0530

                            AGE: 66 YEARS,
                            R/O: VASANT VIHAR, 3RD FLOOR,
                            PARIZAT BUILDING,
                            POKRAN ROAD NO.2, THANE-400-601.

                      5.    SHAMALA D/O. NARAYAN GAJINKAR @ ALKA
                            W/O SUDESH MALSEKAR,
                            AGE: 54 YEARS,
                            R/O: CHITTAKULA, KARWAR-650012.
                                                                     ...RESPONDENTS
                      (BY    SRI. J.S. SHETTY, ADVOCATE FOR R1;
                             NOTICE SERVED R2, R3 AND R5;
                             R4 DISMISSED V/O. DATED 20.03.2024)
                              -2-
                                         NC: 2025:KHC-D:9457
                                       RSA No. 5845 of 2011


HC-KAR



     THIS RSA IS FILED U/S. 100 OF CPC 1908., AGAINST THE
JUDGMENT     &   DECREE     DATED:26.07.2011    PASSED    IN
R.A.NO.40/2010 ON THE FILE OF THE DISTRICT JUDGE, UTTARA
KANNADA, KARWAR, DISMISSING THE APPEAL, FILED AGAINST THE
JUDGMENT DATED:08.02.2010      AND THE DECREE PASSED IN
O.S.NO.82/2006 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN.),
KARWAR, DISMISSING THE SUIT FILED FOR PARTITION,
POSSESSION AND INJUNCTION.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

                    ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)

None appear for the parties.

The appeal has already been dismissed against

Respondent No.4 as per the order dated 20.03.2024. The

appellant is not interested in prosecuting the case. Hence,

the appeal is dismissed.

Sd/-

(G BASAVARAJA) JUDGE AC Ct-cmu