Smt Anandi @ Anadi W/O Sadanand Anavekar Vs Smt Sulochana W/O Ra,Aray Vernekar — Karnataka HC (2025) — LawSathi Research

Smt Anandi @ Anadi W/O Sadanand Anavekar Vs Smt Sulochana W/O Ra,Aray Vernekar — Karnataka HC (2025) — LawSathi Research

1 - NC: 2025:KHC-D:2664 RSA No. 100139 of 2022

IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 5^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

REGULAR SECOND APPEAL NO. 100139 OF 2022 (PAR/POS-)

BETWEEN:

SMT. ANANDI @ ANADI W/O. SADANAND ANAVEKAR, AGED ABOUT 53 YEARS, OCC: HOUSEHOLD, R/O: KATHINKON, SUNKERI, KARWAR (U.K.). SINCE DECEASED BY HER LRS

1A. SANDESH S/O. SADANAND ANAVEKAR, AGE: 26 YEARS, OCC: NIL R/O. KATHINKON, SUNKERI, KARWAR, DIST: UTTAR KANNADA.

Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench

SMT. RAMA W/O. DIGAMBAR REVANKAR, AGED ABOUT 52 YEARS, OCC: HOUSEHOLD, R/O: DEVALIWADA BAAD, KARWAR. SINCE DECEASED BY HER LRS.

2A. ANAND S/O. DIGAMBAR REVANKAR, AGE: 45 YEARS, R/O. NANDAGADDA, BAAD, KARWAD, DIST: UTTAR KANNADA.

2B. PREMANAND S/O. DIGAMBAR REVANKAR, AGE: 46 YEARS, OCC: DEVALIWADA, NANDAGADDA, KARWAR, DIST: UTTAR KANNDA.

2C. RACJHANA W/O. VAIBHAV REVANKAR, AGE: 36 YEARS, R/O. 62/1, GANDHINAGAR, KOLHAPUR.

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SMT. HARSHA W/O. PRAKASH REVANKAR, AGED ABOUT 46 YEARS, OCC: HOUSEHOLD, R/O. NAR MAHADEVI TEMPLE, BAAD, KARWAD.

SMT. MEERA @ MUKTABAI W/O. RAVINDRA PALANKAR, AGED ABOUT 45 YEARS, OCC: HOUSEHOLD NEAR BASAGALE HOSPITAL, ADETHPET, ICHALKARANJI, MAHARASHTRA.

SMT. VIJAYALAXMI ALIAS MITRABAI W/O. DIGAMBAR VERNEKAR, AGED ABOUT 30 YEARS, OCC: HOUSEHOLD, R/O. TADAS, TQ: SHIGGAON, DIST: DHARWAD.

…APPELLANTS

(BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)

AND:

SMT. SULOCHANA W/O. RAARAY VERNEKAR, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O: SIRSI AT PRESENT POST: KARAGINAKOPPA, TQ: MUNDGOD, DIST: UTTARA KANNADA 581349. SMT. TATNABAI W/O. NARAYAN VENEKAR, SINCE DECEASED BY LRs.

BALACHANDRA NARAYAN VERNEKAR AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O: MUNDGOD, TQ: MUNDGOD, DIST: UTTARA KANNADA – 581349.

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SMT. SHALINI W/O. JAGADISH VERNEKAR, AGED ABOUT 31 YEARS, OCC: HOUSEHOLD R/O: HOUSE NO. 1285, CHANCHANWADA, NORTH KASABA (KASABA), SHOLAPUR, MAHARASTRA 413002.

SMT. SHAMALA W/O. BALRAJ SHET, AGED ABOUT 42 YEARS, OCC: HOUSEHOLD, R/O: KAVERI NILAYA, HAGABBA, BOMMALINGAPPANA GALLI, DAVANAGERE - 577001.

KARNATAKA JESUIT EDUCATIONA SOCIETY REGD. REPRESENTED BY SECRETARY REV. FATHER LAWRENCE ESRESKINA LOYOLA CHURCH, 96, LAVELLE ROAD, BENGALURU 560001.

KARNATAKA JESUIT EDUCATIONAL SOCIETY REGD, KARNATAKA JESUIT EDUCATIONAL SOCIETY, REGD. REPRESENTED BY ITS SECRETARY FATHER LEO PEREIRA AGE ABOUT 51 YEARS, LOYOLA CHURCH, 96 LAVELLE ROAD, BENGALURU 560001.

…RESPONDENTS

(BY SRI. SANJAY S. KATAGERI, ADVOCATE FOR R5 & R6)

THIS RSA IS FILED UNDER SECTION 100 OF CPC ALLOW THE APPEAL AND SET THE JUDGMENT AND DECREE DATED 23.09.2020 PASSED BY THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE, KARWAR, SITTING AT SIRSI, IN R.A.NO.8/2015 REVERSING THE JUDGMENT AND DECREE DATED 14.06.2013 PASSED BY THE COURT OF SENIOR CIVIL JUDGE, YELLAPUR IN O.S.NO.16/2007.

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NC: 2025:KHC-D:2664 RSA No. 100139 of 2022

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL JUDGMENT

This Regular Second Appeal is preferred by the defendant Nos.3 to 7 challenging the judgment and decree dated 23.03.2020 in RA No.8 of 2015 on the file of I Additional District and Sessions Judge, U.K. Karwar sitting at Sirsi, allowing the appeal and setting aside the judgment and decree dated 14.06.2013 in OS No.16 of 2007 on the file of Senior Civil Judge at Yellapur, decreeing the suit of the plaintiff.

Learned counsel appearing for the parties submitted that, the parties have resolved the dispute amicably out of court and accordingly, it is submitted that parties have deduced the same as per the affidavit annexed to the memo dated 05.02.2025.

Appellants have also filed Special Power of Attorney dated 12.12.2024, wherein, the appellant

5 - NC: 2025:KHC-D:2664 RSA No. 100139 of 2022

No.2(b)-Premanand had executed the Special Power of Attorney in favour of the appellant No.2(a)-Anand. Appellants are present before the court and submitted that they have resolved the dispute with the respondent Nos. 5 and 6-Educational Society. In order to make it clear with regard to the receipt of demand drafts by the appellants herein, paragraph 4 of the affidavit of Smt. Rachana, W/o. Vaibhav Revanakar, is extracted as under:

“4. I submit that, during pendency of both the appeals, we have settled the dispute with respondent Nos.5 and 6 amicably and a result myself, appellant Nos.2A and 2B have agreed to withdraw the top noted appeal by receiving jointly a sum of Rs.5,00,000/- (Rupees Five Lakh only) from the respondent Nos.5 and 6 in lieu of the share deceased appellant No.2. In furtherance of the same, appellant No.2A has today received a demand draft bearing No.454954 for Rs.5,00,000/- (Rupees Five Lakh only) from respondent Nos. 5 and 6.

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Accordingly, I have instructed my advocate to file a memo to withdraw the top noted appeal. Hence, I am filing this affidavit in support of the memo for withdrawal.”

Parties have agreed for the aforementioned settlement in view of the paragraph 4 of the affidavit and accordingly, submitted to withdraw the appeal. In that view of the matter, judgment and decree passed by the I Additional District and Sessions Judge, U.K. Karwar sitting at Sirsi in RA No.8 of 2015 is hereby confirmed. Accordingly, Regular Second Appeal is

dismissed as withdrawn .

Sd/(E.S.INDIRESH) JUDGE

SB

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