KRISHNASA S/O VITTALSA MERWADE v. GANGUBAI D/O VITTALSA MERWADE
Court: High Court of Karnataka
Bench: ANANT RAMANATH HEGDE
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-18. KRISHNASA S/O VITTALSA MERWADE v. GANGUBAI D/O VITTALSA MERWADE. Read the judgment and case details on...
Judgment text
- 1 - RFA No. 100137 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH TH DATED THIS THE 18 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 100137 OF 2022 (FDP-) BETWEEN: SRI. KRISHNASA S/O. VITTALSA MERWADE DIED R/BY HIS LRS. 1a. SAROJA W/O. KRISHNASA MERWADE, AGE: 67 YEARS, OCC: HOUSEHOLD WORK, R/O. REVINGTEN ROAD KUMBAR ONI, BETAGERI, TQ AND DIST: GADAG. 1b. DHARMARAJ S/O. KRISHNASA MERWADE, AGE: 44 YEARS, OCC: BUSINESS, Digitally signed by ASHPAK R/O: REVINGTEN ROAD, KASHIMSA MALAGALADINNI KUMBAR ONI, Location: HIGH BETAGERI, COURT OF KARNATAKA TQ & DIST: GADAG. 1c. VINAYAK S/O. KRISHNASA MERWADE, AGE: 39 YEARS, OCC: BUSINESS, R/O. REVINGTEN ROAD, KUMBAR ONI, BETAGERI, TQ AND DIST: GADAG. …APPELLANTS (BY SRI. S. B. DODDAGOUDAR AND A. C. CHAKALABBI, ADVOCATES) - 2 - RFA No. 100137 of 2022 AND: 1. SMT. GANGUBAI W/O. JAGANNATHASA HABIB @ D/O.
VITTALSA MERWADE, AGE: 63 YEARS, OCC: HOUSEHOLD WORKS, R/O: REVINGTEN ROAD, KUMMBAR ONI BETAGERI, TQ AND DIST GADAG. 2. KUMARI SHANTABAI D/O. VITTALSA MERWADE, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: REVINGTEN ROAD, KUMMBAR ONI, BETAGERI, TQ AND DIST GADAG. YALLUBAI W/O. DAVENSA JITURI SINCE DECEASED R/BY HER LRS 3. SAROJA W/O KRISNASA MERWADE, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: REVINGTEN ROAD, KUMMBAR ONI, BETAGERI, TQ AND DIST GADAG. 4. PUSHPABAI W/O. PREMANATHSA PUJARI, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: KESHWAPUR NEW BADAMI NAGAR, OPP: AKASH PARK, HUBBALLI, DIST: DHARWAD. 5. SHOBHABAI W/O. RAJESH PUJARI, AGE: 57 YEARS, OCC: HOUSEHOLD WORKS, R/O: ARALIKATTI ONI, HUBBALLI DIST. DHARWAD. 6. SHANKAR S/O. DEVANASA JITTURI, AGE: 57 YEARS, OCC: BUSINESS, - 3 - RFA No. 100137 of 2022 R/O: SHARANABASAVESHWAR NAGAR BETAGERI, TQ AND DIST GADAG. 7. ARJUN S/O. DEVANASA JITTURI, AGE: 55 YEARS, OCC: BUSINESS, R/O: SHARANABASAVESHWAR NAGAR BETAGERI, TQ AND DIST GADAG. 8.
SRIKANTH S/O. DEVANASA JITTURI, AGE: 53 YEARS, OCC: BUSINESS, R/O: SHARANABASAVESHWAR NAGAR BETAGERI, TQ AND DIST GADAG. 9. CHANDRABAI W/O. FAKIRASA PAWAR, AGE: MAJOR, OCC: HOUSEHOLD WORKS, R/O: REVINGTON ROAD BETAGERI, TQ AND DIST: GADAG. 10. SMT. PRAMILABAI W/O. SHRIKANTHSA SINGERI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: C/O. AMBASA SINGERI, GANJIPETH GAJENDRAGAD, DIST: GADAG. 11. SMT. SAVITRIBAI S/O. NARASINGASA KABADE, AGE: MAJOR, OCC: HOUSEHOLD WORKS, R/O. NEAR SHITALAJJA TEMPLE GARGIPETH BETAGERI TQ AND DIST GADAG. …RESPONDENTS (BY SRI. C. S. SHETTAR AND SMT. KAVYA C. SHETTAR, ADVOCATES FOR R1; R2, R3, R8 AND R10 – SERVED; R4, R6, R6 AND R11 – HELD SUFFICIENT) - 4 - RFA No. 100137 of 2022 THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908. , PRAYING TO ALLOW THE PRESENT APPEAL FILED BY THE APPELLANT BY SETTING ASIDE THE FINAL DECREE DATED 05. 07. 2010 PASSED BY PRL. SENIOR CIVIL JUDGE AND CJM. , GADAG IN FDP NO.
1/2004 WITH COSTS ALL THROUGHOUT IN FAVOUR OF THE APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Learned counsel appearing for the appellants has filed a memo stating that the appeal does not lie before this Court and Regular Appeal is filed against the impugned decree passed in final decree proceeding. Said memo is accepted. Appeal is dismissed as withdrawn. The Appellate Court where the Regular Appeal is pending shall consider the appeal on merits without being influenced by dismissal of this appeal. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:ANB / List No. : 1 Sl No. : 15
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