Shahshikant S/O Lingappa Jogi v. Suryakant S/O Lingappa Jogi and Ors.

Karnataka HC20 Sept 2016CP/200010/2016

Case brief

AI extract

What is this about?

The High Court allowed the withdrawal of Civil Petition No. 200010/2016 filed under Section 24 of the CPC, which sought transfer of a suit, with liberty to file a fresh petition. The court did so because the petitioner failed to array his wife and children, who are plaintiffs in the underlying suit, as respondents.

What did the court decide?

Civil petition permitted to be withdrawn with liberty to file fresh petition.

Shahshikant S/O Lingappa Jogi Vs Suryakant… — Civil Procedure and Limitation | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA

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KALABURAGI BENCH

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DATED THIS THE 20^TH DAY OF SEPTEMBER 2016

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BEFORE

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THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

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CIVIL PETITION No.200010/2016

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BETWEEN :

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Shashikant S/o Lingappa Jogi Age: 44 years Occ: Physical Teacher & Agriculture R/o Yergol Tq. & Dist. Yadgir Now R/o C/o Siddappa Singhe Manikeshwari Nagar Yadgir Tq. & Dist. Yadgir

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…PETITIONER

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(By Sri B.K. Hiremath, Adv.)

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AND:

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Suryakant S/o Lingappa Jogi Since deceasedby LRs

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i) Tangamma W/o Late Suryakant Jogi Age: 57 years Occ: Agriculture & Household R/o Yergol Tq. & Dist. Yadgir- 585 202

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ii) Anusuyadevi W/o Hanamant Konimani (D/o Late Suryakant Jogi)

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Age: 36 years Occ: Agriculture & Household R/o Chittiganda (Chitagunda) Tq. & Dist. Yadgir- 585 202

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iii) Nirmala W/o Hanamanth (D/o Late Suryakant Jogi) Age: 34 years Occ: Agriculture & Household R/o Jinikeri Tq. & Dist. Yadgir now at Near Shubham Petrol Pump Manikeshwari Nagar Yadgir- 585 202

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iv) Gangamma W/o Bhimaraya (D/o Late Suryakant Jogi) Age: 32 years Occ: Agriculture & Household R/o T. Wadagera Tq. Shahapur Dist. Yadgir- 585 802

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v) Parwati W/o Suresh Kotardatti (D/o Late Suryakant Jogi) Age: 29 years Occ: Agriculture & Household R/o Farhatabad Tq. & Dist. Kalaburagi- 585 308

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vi) Malashree W/o Vishwaradhaya Hanganalli (D/o Late Suryakant Jogi) Age: 24 years Occ: Agriculture & Household R/o Yergol Tq. & Dist. Yadgir- 585 202

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vii) Jayashree D/o Late Suryakant Jogi Age: 21 years Occ: Agriculture & Household R/o Yergol

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Tq. & Dist. Yadgir- 585 202

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viii) Udaykumar S/o Late Suryakant Jogi Since deceased by Lrs

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a) Gangamma W/o Late Udaykumar Jogi Age: 34 years Occ: Govt. Servant (Govt. High School, Hattikuni working at Peon) R/o Hattikuni Tq. & Dist. Yadgir- 585 202

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b) Kum. Gangadevi D/o Late Udaykumar Jogi Age: 14 years Minor

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c) Kum. Pooja D/o late Udaykumar Jogi Age: 12 years Minor

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d) Kumar Vishwaradhya S/o Late Udaykumar Jogi Age: 10 years Minor

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e) Kum. Poornima D/o Late Udaykumar Jogi Age: 8 years Minor

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f) Kum. Bhagyashree D/o Late Udaykumar Jogi Age: 6 years Minor Sl. No.Viii b to f are Minors U/g of Natural Mother, respondent No.1(Viii) (a)

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All are R/o Hattikunni Tq. & Dist. Yadgir- 585 202

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Chandrakant S/o Lingappa Jogi Age: 56 years Occ: Asst. Teacher Govt. High School Station Bazar Yadgir

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R/o H.No.5-1-225/2 Near Doka Jain School Chittapur Road Balaji Nagar Yadgir- 585 802

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Laxmikant S/o Lingappa Jogi Age: 48 years Occ: Agriculture R/o Yergol Tq. & Dist. Yadgir- 585 802

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Sharnamma W/o Baburaya Naikodi (D/o Lingappa Jogi) Age: 51 years Occ: Rampur Tq. Jewargi Dist. Kalabuaragi- 585 301 5. Reddy S/o Chandru Rathod Age: 71 years Occ: Agriculture R/o Tavaru Naik Tanda, Yergol Tq. & Dist. Yadgir- 585 802

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Monappa S/o Saibanna Halkatti Age: 36 years Occ: Agriculture R/o Yergol Tq. & Dist. Yadgir- 585 202

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… RESPONDENTS

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This CP is filed under section 24 of the CPC, praying to allow the Civil Petition field by the petitioner in respect of transfer of O.S. No.09/2016 pending on the file of Civil Judge, and JMFC to Senior Civil Judge Chittapur and direct the Senior Civil Judge, Chittapur.

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This petition coming on for orders this day, Court made the following:

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ORDER

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Learned counsel for the petitioner submits that there

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is a fundamental defect in filing of the civil petition in as much as the wife and children of the petitioner who are plaintiffs in O.S.No.9/2016 have not been arrayed as respondents and therefore the petitioner seeks to withdraw this petition with liberty to file fresh petition. Memo is filed to that effect and same is taken on record.

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Civil petition is permitted to be withdrawn with liberty to file fresh petition.

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Sd/JUDGE

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msr

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CT- SGI

Shahshikant S/O Lingappa Jogi v. Suryakant S/O Lingappa Jogi and Ors.

Case brief

What is this about?

What did the court decide?

Shahshikant S/O Lingappa Jogi v. Suryakant S/O Lingappa Jogi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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