Dismissed

Smt.Chandrawwa W/O Siddappa Shiragur v. Shri.Tippanna S/O. Govindappa Budni

Karnataka HC28 Aug 2020CRP/100040/2019

Case brief

AI extract

What is this about?

This court dismissed a civil revision petition challenging the lower appellate court's order rejecting a common appeal filed by two sets of defendants. The High Court held that the impugned order caused no jurisdictional error or irregularity.

What did the court decide?

The impugned order dated 12.03.2019 rejecting the common appeal and the IA for stay were dismissed.

Smt.Chandrawwa W/O Siddappa Shiragur Vs Shri.Tippanna… — Property and Title | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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Dated this the 28^th day of August 2020

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Before

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THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD

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Civil Revision Petition No.100040 of 2019

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Between

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Smt.Chandrawwa, W/O Siddappa Shiragur, since deceased by her L.Rs.

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1a. Smt. Rekha, W/o Satyappa Kanakaraddi, Age: 38 years, Occ: Housewife, R/o Muragundi-591304, Tq: Athani, Dist: Belagavi.

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1b. Ramagonda,

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S/o Mallappa Shiragur, Age: 31 years, Occ: Agriculture, R/o Balligeri-591212, Tq: Athani, Dist: Belagavi.

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1c. Raghavendra, S/o Mallappa Shiragur, Age: 29 years, Occ: Agriculture, R/o Balligeri-591212, Tq: Athani, Dist: Belagavi.

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1d. Smt. Giriyavva, W/o Somappa Naikar, Age: 56 years, Occ: Housewife,

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R/o Laxanatti-587122, Tq: Mudhol, Dist: Bagalkot.

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1e. Smt. Siddava, W/o Hanamant Patil, Age: 54 years, Occ: Housewife, R/o Balligeri-591212, Tq: Athani, Dist: Belagavi. ...Petitioners (By Sri. Chetan Munnoli, Advocate) A n d

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Shri.Tippanna S/o. Govindappa Budni Age: 77 Years, Occ: Agriculture, R/o. Sankaratti-591220 Tq: Athani, Dist: Belagavi. Shri.Parappa, S/o Govindappa Budni, Since deceased rep by his LRs.

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Smt.Mahadevi, W/o Parappa Budni, Age: 55 Years, Occ: Agriculture & H.H.Work R/o. Sankaratti-591220 Tq: Athani, Dist: Belagavi

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Shri Ravi S/o. Parappa Budni Age: 31 Years, Occ: Agriculture, R/o.Sankaratti-591220 Tq: Athani, Dist: Belagavi

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Shri.Suresh S/O Parappa Budni Age: 26 Years, Occ: Agriculture, R/o.Sankaratti-591220 Tq: Athani Dist: Belagavi

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Smt.Tayawwa W/o. Chanagouda Biradar Age: 36 Years, Occ: H.H.Work, R/o.Gunaki-586108, Tq: Dist: Vijayapur

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Smt.Bhavya @ Basalingawwa W/O Vishwanath Bagali Age: 34 Years, Occ: H.H.Work, R/o.Sarawad-586125 Tq: & Dist: Vijayapur

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Shri.Ningappa S/o. Govindappa Budni Age: 69 Years, Occ: Agriculture, R/o.Sankaratti-591220 Tq: Athani Dist: Belagavi

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Shri.Shrishail S/O Tippanna Budni Age: 40 Years, Occ: Agriculture, R/o.Sankaratti-591220 Tq: Athani Dist: Belagavi

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Shri.Ramappa S/o. Bhimappa Huchagoudar Age: 46 Years, Occ: Agriculture,

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R/o.Balligeri-591212, Tq: Athani Dist: Belagavi

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Shri.Parappa S/o. Bhimappa Huchagoudar Age: 45 Years, Occ: Agriculture, R/o.Balligeri-591212, Tq: Athani Dist: Belagavi

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Shri.Channappa S/o. Bhimappa Huchagoudar Age: 41 Years, Occ: Agriculture, R/o.Balligeri-591212, Tq: Athani Dist: Belagavi

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Shri.Channappa S/O Basappa Kenchareddi Age: 52 Years, Occ: Agriculture, R/o.Balligeri-591212, Tq: Athani Dist: Belagavi. ...Respondents

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(By Sri. H.R. Deshpande, Advocate for R1 to R8) (notice to R9 to 12 is dispensed with)

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This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure praying to call for the records of OS No.32/1995 on the file of the Additional Senior Civil Judge, Athani and RA No.125/2017 on the file of the VII Additional District and Sessions Judge, Belagavi, sitting at Chikodi; and set aside the order dated 12.03.2019 on I.A. No.3 passed in RA No.125/2017 on the file of the VII Additional District and Sessions Judge, Belagavi, Sitting at Chikodi.

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This Civil Revision Petition coming on for Admission, this day, the Court made the following:

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ORDER

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Heard the learned counsel for the petitioners and the learned counsel for the respondents and perused the impugned judgment dated 12^th March 2019 in R.A. No.125 of 2017 on the file of the VII Additional District & Sessions Judge, Belagavi, sitting at Chikodi. The Appellate Court by the impugned order has rejected the application filed by the petitioner under Section 151 of the Code of Civil Procedure for dismissal of the appeal on the ground that two sets of defendants in O.S. No.32 of 1995 have preferred a common appeal instead of filing separate appeals.

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The learned counsel submit that the first

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set of defendants viz., respondent Nos.1 to 7 have filed the appeal because they are aggrieved by the decree in respect of land in Sy. No.231 and 289 of Balligeri village, Athani Taluk, and the 8^th respondent has joined in filing the appeal because he is aggrieved by the

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decree insofar as the land in Sy.No.273 of Balligeri village, Athani Taluk.

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However, the learned counsel for the petitioners is not able to justify how if the original petitioner – plaintiff could file a common suit against these sets of defendants-respondents urging common grounds, these sets of respondents would be prevented in law from filing a common appeal especially given the provisions of Order XLI Rule 4 of CPC. The impugned order does not suffer from any jurisdictional error or irregularity, and as such, the revision petition is dismissed.

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In view of dismissal of the revision petition, I.A. No.1/2019 for stay does not survive for consideration and the same is dismissed accordingly.

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Sd/JUDGE

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Kms

Smt.Chandrawwa W/O Siddappa Shiragur v. Shri.Tippanna S/O. Govindappa Budni

Case brief

What is this about?

What did the court decide?

Smt.Chandrawwa W/O Siddappa Shiragur v. Shri.Tippanna S/O. Govindappa Budni

Case brief

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What did the court decide?

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