R.S.A. NO.5998/2013
: 1 :
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 17 TH DAY OF DECEMBER 2014
BEFORE
THE HON’BLE MR. JUSTICE H.G.RAMESH
REGULAR SECOND APPEAL NO.5998/2013
BETWEEN
1. VENKAT S/O. NILAKANTH CHOUGAULE AGE: MAJOR, OCC: AGRICULTURE R/O. HALKARNI, TQ: KHANAPUR
2. SUBHASH S/O. NILAKANTH CHOUGAULE AGE: MAJOR, OCC: AGRICULTURE R/O. HALKARNI, TQ: KHANAPUR
3. MALLAWWA W/O. SHIVAJI PATIL AGE: MAJOR, OCC: HOUSEHOLD WORK R/O. VILALGE NANDIHALLI, TQ: KHANAPUR & DIST: BELGAUM
4. PARVATIBAI NAMADEV CHOUGULE AGE: MAJOR, OCC: HOUSEHOLD WORK R/O. HALKARNI TQ: KHANAPUR & DIST: BELGAUM
5. PARASHRAM NAMADEV CHOUGULE AGE: MAJOR, OCC: AGRICULTURE R/O. HALKARNI TQ: KHANAPUR & DIST: BELGAUM
6. PRIYA D/O. GOPAL GORAL AGE: 27 YEARS, R.S.A. NO.5998/2013
: 2 :
OCC: AGRICULTURE R/O. ZAD SHAHAPUR, TQ: & DIST: BELGAUM
7. PRASHANT S/O. GOPAL GORAL AGE: 21 YEARS, OCC: AGRICULTURE R/O. ZAD SHAHAPUR, TQ: & DIST: BELGAUM
8. BHABHU S/O. GOPAL GORAL AGE: 19 YEARS, OCC: AGRICULTURE R/O. ZAD SHAHAPUR, TQ: & DIST: BELGAUM
... APPELLANTS
(BY SRI. A S PATIL & P J NAIK, ADVS.)
AND
1. APPANNA S/O. NILKANTH CHOUGULE SINCE DECEASED BY HIS LRS
1A. LAXMIBAI W/O. APPANNA CHOUGULE AGE: MAJOR, OCC: HOUSEHOLD WORK R/O.HALAKARNI, TQ : KHANAPUR
1B. JYOTIBA APPANNA CHOUGULE AGE: MAJOR OCC: AGRICULTURE R/O.HALAKARNI, TQ: KHANAPUR DIST: BELGAUM
1C. MARUTI APPANNA CHOUGULE AGE: MAJOR OCC: SERVICE R/O.HALAKARNI, TQ: KHANAPUR DIST: BELGAUM
1D. KUMAR RAJU APPANNA CHOUGULE AGE: MINOR R/BY HIS GUARDIAN MOTHER R.S.A. NO.5998/2013
: 3 :
LAXMIBAI APPANNA CHOUGULE
1E. KUMAR AMOL APPANNA CHOUGULE AGE: MINOR R/BY HIS GUARDIAN MOTHER LAXMIBAI APPANNA CHOUGULE
1F. KUMARI VANDANA APPANNA CHOUGULE AGE: MINOR R/BY HIS GUARDIAN MOTHER LAXMIBAI APPANNA CHOUGULE
1G. KUMARI SHOBHA APPANNA CHOUGULE AGE: MINOR R/BY HIS GUARDIAN MOTHER LAXMIBAI APPANNA CHOUGULE
1H. SAVITA BALU TAHSILDAR AGE: MAJOR OCC: HOUSEHOLD WORK
2. YALLUBAI W/O. GOPAL GORAL AGE: MAJOR OCC: HOUSEHOLD WORK R/O. ZAD SHAHAPUR TQ & DIST: BELGAUM SINCE DECEASED BY HIS LRS
3. SUNITA D/O.GOPAL GORAL AGE: 24 YEARS, OCC: AGRICULTURE R/O. ZAD SHAHAPUR, TQ & DIST: BELGAUM
4. MURALIDHAR VISANAJI PADILIYAR AGE: MAJOR OCC: BUSINESS R/O. GANDHI NAGAR, HALAKARNI TQ KHANAPUR
5. SHANTA NARAYAN SHETTI AGE: MAJOR OCC: HOUSEHOLD WORK R/O.KHANAPUR, DIST: BELGAUM R.S.A. NO.5998/2013
: 4 :
6. KEDARI IRAPA KHATORE AGE: MAJOR OCC: BUSINESS R/O.KHANAPUR, DIST: BELGAUM SINCE DECEASED BY HIS LRS
6A. YALLUBAI KEDARI KHATORE AGE: MAJOR, OCC: HOUSEHOLD WORK R/O. HALKARNI, TQ: KHANAPUR
6B. NANDU KEDARI KHATORE AGE: MAJOR OCC: SERVICE R/O.KHANAPUR, DIST: BELGAUM
6C. LEENA VAIRAL KUTRE AGE: MAJOR OCC: HOUSEHOLD WORK R/O. HALKARNI, KHANAPUR, DIST: BELGAUM
6D. SHANKUNTALA W/O. KEDARI KHATORE AGE: MAJOR OCC: HOUSEHOLD WORK R/O. HALKARNI, KHANAPUR, DIST: BELGAUM
6E. RAJU KEDARI KHATORE AGE: MAJOR OCC: SERVICE R/O. HALKARNI, KHANAPUR, DIST: BELGAUM
6F. RATAN KEDARI KHATORE AGE: MAJOR OCC: SERVICE R/O. HALKARNI, KHANAPUR, DIST: BELGAUM
7. PRAKASH S/O. SHIVAJIRAO JORAPURE AGE: MAJOR OCC: BUSINESS R/O. NINGAPUR GALLI, KHANAPUR, DIST: BELGAUM R.S.A. NO.5998/2013
: 5 :
8. ARVIND S/O. SHIVAJIRAO JORAPURE AGE: MAJOR OCC: BUSINESS R/O. NINGAPUR GALLI, KHANAPUR, DIST: BELGAUM
9. NAMADEV S/O. NILAKANTH CHOUGULE SINCE DECEASED BY HIS LRS
9A. MAHESH NAMADEV CHOUGULE AGE: MAJOR OCC: AGRICULTURE R/O. HALKARNI, TQ: KHANAPUR, DIST: BELGAUM
9B. REKHA BABU DANDKAR AGE: MAJOR OCC: HOUSEHOLD WORK R/O. DIST: BELGAUM ... RESPONDENTS
THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD:18.09.2013 PASSED IN
R.A.NO.155/2010 ON THE FILE OF THE II ADDITIONAL
SESSIONS JUDGE AT BELGAUM, ALLOWING THE APPEAL, FILED
AGAINST THE JUDGMENT AND DECREE DTD:22.02.2010 AND
THE DECREE PASSED IN O.S. NO.04/2008 (OLD NO.56/1996)
ON THE FILE OF THE SENIOR CIVIL JUDGE KHANAPUR,
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.
THIS RSA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING: R.S.A. NO.5998/2013
: 6 :
JUDGMENT
H.G.RAMESH, J. (Oral):
The appeal has already stood dismissed for non- compliance of the peremptory order dated 27.10.2014.
Hence, no further order is necessary.
Appeal dismissed.
Sd/- JUDGE Rsh