Dismissed

Gouravavva W/O Shivanagouda Patil v. Hanamawwa W/O Ningappa Alias Lingraj Desai

Karnataka HC11 Apr 2022RSA/100474/2022

Case brief

AI extract

What is this about?

The High Court held that a regular second appeal is infructuous when the underlying matter in the first appeal was dismissed for non-prosecution following remittal. The appeal was dismissed with liberty to revive if the original suit is revived.

What did the court decide?

Set aside judgment and decree of RA No.76/2010 confirmed in OS No.40/2007.

Gouravavva W/O Shivanagouda Patil Vs Hanamawwa W/O Ningappa… — Partition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REGULAR SECOND APPEAL NO. 100474 OF 2022 (PAR/POS-)

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BETWEEN:

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GOURAVVA W/O SHIVANAGOUDA PATIL AGE. 61 YEARS, OCC. HOUSEHOLD, R/O. VEERAPUR VILLAGE, TQ. YELBURGA, DIST. KOPPAL.

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…APPELLANT

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(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)

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AND:

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SHIVAKUMAR HIREMATH

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Digitally signed by SHIVAKUMAR HIREMATH Location: Dharwad Date: 2022.04.16 10:23:25 +0530

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HANAMAWWA W/O NINGAPPA ALIAS LINGRAJ DESAI AGE. 72 YEARS, OCC. HOUSEHOLD, R/O. R/O. KALKERI VILLAGE, TQ. MUNDARGI, DIST. GADAG 580028.

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NEELAWWA ALIAS PUSHPAVATI W/O HANAMAPPA RATI AGE. 52 YEARS, OCC. HOUSEHOLD, R/O. R/O. KALKERI VILLAGE, TQ. MUNDARGI, DIST. GADAG 580028.

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NINGAWWA D/O NINGAPPA ALIAS LINGRAJ DESAI AGE. 47 YEARS, OCC. HOUSEHOLD, R/O. R/O. KALKERI VILLAGE, TQ. MUNDARGI, DIST. GADAG 580028.

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NINGAPPA S/O NINGAPPA ALIAS LINGRAJ DESAI AGE. 47 YEARS, OCC. AGRICULTURE, R/O. KALKERI VILLAGE, TQ. MUNDARGI, DIST. GADAG 580028.

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GANGAVVA W/O IRAPPA HOSAGOL AGE. MAJOR, OCC. HOUSEHOLD, R/O. PALLED ONI, KOPPAL, DIST. KOPPAL 583201.

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ANASURA W/O GAVISHIDDAPPA HOSAGOL AGE. MAJOR, OCC. HOUSEHOLD, R/O. PALLED ONI, KOPPAL, DIST. KOPPAL 583201.

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LAXMAVVA W/O NINGAPPA PALLED AGE. MAJOR, OCC. HOUSEHOLD, R/O. PALLED ONI, KOPPAL. DIST. KOPPAL 583201.

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…RESPONDENTS

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(BY SRI.V. M. MALALI, ADVOCATE FOR C/R1 TO R4)

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THIS RSA IS FILED U/SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD 23.12.2021 PASSED IN R.A.NO.76/2010 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, GADAG, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DTD 02.12.2009 PASSED IN O.S. NO.40/2007 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SENIOR DIVISION), GADAG, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

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

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ORDER

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The appellant is before this Court seeking for the following relief:

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“Set aside the judgment and decree in RA No.76/2010 passed by the I Addl. Principal Judge, Family Court at Gadag dated 23.12.2021 and confirm the judgment and decree passed in the OS No.40/2007 on the file of Court of Addl. Civil Judge (Sr.Dn.), Gadag, dated 02.12.2009, in the interest of justice and equity.”

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By way of the order dated 23.12.2021, the 1^st Appellate Court had remitted the matter in O.S.No.40/2007 to the trial Court.

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Both the counsel submit that, after such remittal, the matter stands dismissed for non-prosecution, rendering the above appeal infructuous.

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Reserving liberty to the appellant to revive the petition in the event of O.S.No.40/2007 being revived, the appeal stands dismissed.

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In view of disposal of the main appeal, all pending I.As. stand

disposed of.

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Gouravavva W/O Shivanagouda Patil v. Hanamawwa W/O Ningappa Alias Lingraj Desai

Case brief

What is this about?

What did the court decide?

Gouravavva W/O Shivanagouda Patil v. Hanamawwa W/O Ningappa Alias Lingraj Desai

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

Coram

Case details

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