Allowed

Sri. Sachidanand @ Divakar S/O Shankar Dixit v. Shri. Shripad Dixit @ Suresh S/O Shankar Dixit

Karnataka HC27 Feb 2019MFA/100505/2018

Case brief

AI extract

What is this about?

The Court allowed the first appeal against a single judge's order rejecting an interim injunction application. The Court remanded the matter to the trial court for adjudication of rights based on a respondent's memo.

What did the court decide?

The appeal is allowed; the impugned order rejecting the interim application is set aside; the lower court is directed to hear the matter afresh.

Sri. Sachidanand @ Divakar S/O Shankar… — Civil Procedure and Limitation | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF FEBRUARY 2019

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BEFORE

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THE HON’BLE MR.JUSTICE P.B.BAJANTHRI

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M.F.A. NO. 100505/2018 (CPC)

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BETWEEN

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SRI SACHIDANAND @ DIVAKAR, S/O SHANKAR DIXIT @ MAHESH INAMDAR, AGE: 21 YEARS, OCC: PEETADHIKARI, R/O KENGERI, MURGOD-591 119, TQ: SAVADATTI, DIST: BELAGAVI.

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SHRI NITYANAND @ PRABHAKAR DIXIT, S/O SHANKAR DIXIT @ MAHESH INAMDAR, AGE: 20 YEARS, OCC: STUDENT, R/O KENGERI, MURGOD-591 119, TQ: SAVADATTI, DIST: BELAGAVI.

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SHRI PANDURANG @UMESH DIXIT, S/O DIWAKAR DIXIT, SHANKAR DIXIT INAMDAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O KENGERI, MURGOD, TQ: SAVADATTI, DIST: BELAGAVI, 591 119,

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SMT. MATHURABAI @ ANITA, W/O SHANKAR DIXIT @ MAHESH INAMDAR, AGE: 45 YEARS, OCC.: HOUSEWIFE, R/O KENGERI, MURGOD, TQ: SAVADATTI, DIST: BELAGAVI, 591 119,

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APPELLANTS

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(BY SRI. SHRIKANT T. PATIL, ADVOCATE)

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AND

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SHRI. SHRIPAD DIXIT @ SURESH,

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S/O SHANKAR DIXIT DIWAKAR DIXIT INAMDAR, AGE: 58 YEARS, OCC: AGRICULTURE, R/O KENGERI, MURGOD, TQ: SAVADATTI, DIST: BELAGAVI, 591 119.

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SMT. ANNAPURNA W/O RAMESH KULKARNI, AGE: 45 YEARS, OCC.: HOUSEWIFE, R/O “SAMARTH SADAN”, SINDAGI ROAD, AT POST AND TQ: INDI, DIST: VIJAYAPUR-586 211.

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SMT. KUMMAKKA W/O NARAYAN KULKARNI, SINCE DECEASED BY HER LRS.

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SMT. NIRMALA W/O SWAYAMPRAKASH, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O KENGERI, MURGOD, TQ: SAVADATTI, DIST: BELAGAVI, 591 119.

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SHRI. MAHESH S/O NARAYANRAO KULKARNI, AGE: 47 YEARS, OCC: PRIVATE SECTOR, R/O # 10, MALESHAPPA BUILDING, KONAPPANA AGRAHARA, KRISHNA DEDDY LAYOUT, BENGALURU-560 100.

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SMT. ANNAPURNA @ SUHASINI, W/O SUBHASH DIXIT, AGE: 42 YEARS, OCC.: HOUSEWIFE, R/O C/O PRATIBHA DIXIT AMARAKANTHAK APARTMENT, PLOT NO. 402, SHAKET NAGAR, RAJENDRA PRASAD COLONY, TANSEN ROAD, HAJERA, GWALIOR (MP) 574 001.

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SMT. DAXAYANNI W/O MANOHAR ROA DESHPANDE, AGE: 65 YEARS, OCC.: HOUSEHOLD WORK, R/O NO. 1030, 19E MAIN ROAD, 1^ST BLOCK, RAJAJI NAGAR, BENGALURU-10.

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RESPONDENTS (BY SRI. ANAND R. KOLLI, ADVOCATE FOR R-1, SRI D.V. PATTAR, ADVOCATE FOR R4, NOTICES TO R2, R3, R5 AND R6 ARE SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) R/W SEC. 151 OF CPC AGAINST THE ORDER DATED 25.08.2016 PASSED IN MISC. NO. 118/2016 ON THE FILE OF THE II ADDL. DIST. JUDGE, BELAGAVI, REJECTING I.A. NO. II FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC & ETC.

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THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for respondents have filed a memo dated 20.02.2019 stating that they have no objection to

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allow the appeal and remand the matter to the trial Court to adjudicate rights of the parties. The memo is supported

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by the affidavits of respondent Nos.1, 2, 4 and 5 accepting the contents of the memo.

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Memo along with the affidavits of respondent Nos.1, 2, 4 and 5 are accepted. Hence, the following order is passed.

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Appeal filed by the appellants is allowed and the order passed by the learned II Addl. Dist. Judge, Belagavi,

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rejecting I.A. No. II filed under Order 39 Rules 1 and 2 of CPC dated 25.08.2016 is set aside. Consequently, learned

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II Addl. Dist. Judge, Belagavi, is hereby directed to hear on I.A. No. II filed under Order 39 Rules 1 and 2 of CPC afresh and pass orders at the earliest.

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Parties are directed to co-operate in deciding the matter.

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Memo dated 20.02.2019 shall form part of this order. In view of disposal of the appeal, I.A. No. 2/2018 filed for vacating stay does not survive. Accordingly, I.A. No. 2/2018 stands disposed off.

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Sd/JUDGE

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bvv

Sri. Sachidanand @ Divakar S/O Shankar Dixit v. Shri. Shripad Dixit @ Suresh S/O Shankar Dixit

Case brief

What is this about?

What did the court decide?

Sri. Sachidanand @ Divakar S/O Shankar Dixit v. Shri. Shripad Dixit @ Suresh S/O Shankar Dixit

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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