Dismissed

Shri. Ashok S/O Dattatray Nalawade, v. Shri. Maruti S/O Dattatray Nalawade

Karnataka HC3 Sept 2020CRP/100068/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a civil revision petition filed under Section 115 CrPC as infructuous. The court acted on a joint submission by counsels that subsequent events had resulted in the revival of the Regular First Appeal, rendering the revision unnecessary. No detailed reasoning was provided beyond this procedural disposition.

What did the court decide?

The civil revision petition was dismissed as infructuous based on the revival of the Regular First Appeal.

Shri. Ashok S/O Dattatray Nalawade, Vs Shri… — Execution and Attachment | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF SEPTEMBER 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.100068/2017

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BETWEEN

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SHRI. ASHOK S/O DATTATRAY NALAWADE, AGE: 62 YEARS, OCC: AGRICULTURE, R/O DAMBAL PLOT, CHIKODI-591201, DIST: BELAGAVI. (BY SRI.A P MURARI, ADVOCATE, SRI.L.M.KURAHATTI, ADVOCATE)

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... PETITIONER

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AND

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SHRI. MARUTI S/O DATTATRAY NALAWADE (SINCE DECEASED BY HIS LRS,

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SHRI. SANJAY S/O MARUTI NALAWADE, AGE: 52 YEARS, OCC: AGRICULTURE,

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SHRI. DAYANAND S/O MARUTI NALAWADE, AGE: 45 YEARS, OCC: AGRICULTURE,

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RESPONDENT NOS. 1 AND 2 ARE R/O: CHIKODI-591201, DIST: BELAGAVI.

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SOU. USHA W/O SURESH SHINDE, AGE: 47 YEARS, OCC: HOUSE HOLD WORK, R/O: NANDAGAON, TQ: KARAVIR-416207, DIST: KOLHAPUR.

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SOU. ROHINI @ SHOBHA W/O SRIKANT HIRUGADE, AGE: 42 YEARS, OCC: HOUSE HOLD WORK SAVARDE (B)-416219, TQ: KAGAL, DIST: KOLHAPUR. 5. SHRI. VASANT S/O DATTATRAY NALAWADE, AGE: 72 YEARS, OCC: RETD. FROM PVT. SERVICE, R/O: CHIKODI, NOW PRESENTLY AT FLAT NO.(B) 1303, 13TH FLOOR, GOVIND COMPLEX, SECTOR 14, VASHI, NAVI MUMBAI-400703. SHRI. ISHWAR S/O DATTATRAY NALAWADE, (SINCE DECEASED) BY LRS, 6. ANIL ISHWAR NALAWADE, AGE: 45 YEARS, OCC: AGRICULTURE & LEGAL PROFESSION, R/O: DAMBAL PLOT, CHIKODI-591201, BELAGAVI. 7. SUNIL ISHWAR NALAWADE, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: DAMBAL PLOT, CHIKODI-591201, BELAGAVI. 8. UMESH ISHWAR NALAWADE, AGE: 38 YEARS, OCC: AGRICULTURE & PVT. SERVICE, R/O: DAMBAL PLOT, CHIKODI-591201, BELAGAVI. 9. SOU. YOGITA VISHVAS MOKASHI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: NAGANUR-416551, TQ: GANDHINGLAJ,

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DIST: KOLHAPUR.

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SMT. PARVATI @ KAMAL ISHWAR NALAWADE, AGE: 63 YEARS,OCC: HOUSEHOLD WORK, R/O: DAMBAL PLOT, CHIKODI-591201, DIST: BELAGAVI.

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SHRI. RAMESH S/O DATTATRAY NALAWADE, AGE: 64 YEARS, OCC:SERVICE R/O CHIKODI, NOW AT PRATIKSHA BUNGLOW, SECTOR 12, ROAD NO.13, PLOT NO.5, CIDCO COLONY, NEW PANAWEL-410206, DIST: RAIGAD, MAHARASHTRA.

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SMT.TANUBAI W/O DATTATRAYA NALAWADE SINCE DECEASED BY LER LRS.

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SMT. SONABAI W/O MAHADEV MENDAKE, AGE: 50 YEARS, OCC:HOUSE HOLD WORK R/O: MURAGUND-416219, TQ: KAGAL, DIST: KOLHAPUR.

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SMT. GANGUBAI W/O GUNDU HIRAGUDE SINCE DECEASED BY HER LRS,

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SHRI. SHRIKANT S/O GUNDU HIRAGUDE, AGE: 50 YEARS, OCC: AGRICULTURE,

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SHRI ARUN S/O GUNDU HIRAGUDE, AGE: 48 YEARS, OCC: AGRICULTURE,

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SHRI. DAYANAND S/O GUNDU HIRAGUDE, AGE: 45 YEARS,

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R13 TO R15 ARE R/O: SARVADE BK-416219, KAGAL, DIST: KOLHAPUR.

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SMT. AKKATAI W/O DHONDIBA PAWAR, AGE: 63 YEARS, OCC: HOUEHOLD WORK, R/O: YEDUR-591213,

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TQ: CHIKODI, DIST: BELAGAVI.

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SMT. SUSHILA W/O SUBANA LAGADE, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, NOW PRESENTLY R/O: AVADHOOT COLONY, KUPWAD-516436, TQ: MIRAJ, DIST: SANGLI, STATE: MAHARASHTRA.

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SMT. SHAKUNTALA W/O MARUTI CHOUGULE AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: SASANE COLLEGE, ITI COLLEGE, KALAMBHA ROAD, DIST: KOLHAPUR-416007, STATE: MAHARASHTRA.

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... RESPONDENTS

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(BY SRI.NEELENDRA D GUNDE, ADVOCATE FOR R1-4, R7, R1014, 16 AND R18,

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V/O/D 14.02.2019 PETITION AGAINST R5 IS DISMISSED, R6 IS SERVED BUT UNREPRESENTED, R8-SERVICE OF NOTICE IS HELD SUFFICIENT)

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THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE AGAINST THE ORDER DATED 27.10.2017 PASSED IN EXECUTION PETITION NO.13/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, CHIKKODI DISMISSING THE I.A.NO.III FILED U/O XXI RULE 29 R/W SECTION 151 OF CPC.

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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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The learned counsels for the parties would submit that the present revision petition has become infructuous because of certain subsequent events resulting in revival of the Regular First Appeal.

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In the light of this joint submission, the petition is dismissed.

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Sd/JUDGE

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Shri. Ashok S/O Dattatray Nalawade, v. Shri. Maruti S/O Dattatray Nalawade

Case brief

What is this about?

What did the court decide?

Shri. Ashok S/O Dattatray Nalawade, v. Shri. Maruti S/O Dattatray Nalawade

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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