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2025 DAILYLAW 4577 (KAR)

SHIVALEELA v. SHARADA W/O PRAKASH SHIGEHALLI,

RSA/100129/2017 · 2025-02-11

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2665 RSA No. 100129 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100129 OF 2017 (SP-) BETWEEN: SHIVALEELA W/O. SHANKARAGOUDA BOMMANNAVAR, AGE: 47 YEARS, OCC: H/W, R/O: C/O. MALLAPPA B. RAVENNAVAR, VAKKUD, TAL: BAILHONGAL, DIST: BELAGAVI-590001. …APPELLANT (BY SRI. RAVIRAJ C. PATIL, ADVOCATE) AND: 1. SHARADA W/O. PRAKASH SHIGEHALLI, AGE: 45 YEARS, OCC: AGRICULTURE and H/W, R/O: SHIVANAND BHARATI NAGAR, 3RD CROSS, SHARAN MARG, BAILHONGAL, DIST: BELAGAVI-590001. 2. SHRI. SANGANAGOUDA S/O. SHANKARAGOUDA PATIL @ BHAIRAHATTI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: GUMGOL, TAL: NAVALAGUND, DIST: DHARWAD-580001. 3. NAGANGOUDA S/O. SHANKARAGOUDA PATIL @ BHAIRAHATTI, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: GUMGOL, V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.12 15:49:26 +0530 - 2 - NC: 2025:KHC-D:2665 RSA No. 100129 of 2017 TAL: NAVALAGUND, DIST: DHARWAD-580001. 4. VINAYAK S/O. RAOSAHEB DESAI, AGE: 25 YEARS, OCC: AGRICULTURE, R/O: VANNUR, TAL: NAVALAGUND, DIST: DHARWAD-580001. 5. KUMARI REKHA D/O. RAOSAHEB DESAI, AGE: 23 YEARS, OCC: AGRICULTURE, R/O: VANNUR, TAL: NAVALAGUND, DIST: DHARWAD-580001. 6. KUMARI DEEPA D/O. RAOSAHEB DESAI, AGE: 21 YEARS, OCC: AGRICULTURE, R/O: VANNUR, TAL: NAVALAGUND, DIST: DHARWAD-580001. 7. RUDRAGOUDA S/O. RAMANAGOUDA @ RAMAPPA BOMMAANNAVAR, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: HIREKUMBI, TAL: SAUNDATTI, DIST: BELAGAVI-590001. 8. THE S.L.A.O MALAPRABHA PROJECT LOKUR BUILDING, NEAR HINDU PRACHARASABHA, and D.C. OFFICE, DHARWAD, DIST: DHARWAD-580001. …RESPONDENTS (BY SRI. SATISH M S, ADVOCATE FOR R1; R2, R3 AND R7 ARE SERVED UNREPRESENTED) - 3 - NC: 2025:KHC-D:2665 RSA No. 100129 of 2017 THIS RSA IS FILED U/SEC.100 OF CPC, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.08.2016 PASSED IN R.A.NO.44/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL REVERSING THE JUDGMENT AND DECREE DAED 29.07.2015 PASSED IN O.S.NO.150/2009 ON THE FILE OF ADDITIONAL CIVIL JUDGE & JMFC., BAILHONGAL BY ALLOWING THE TOP NOTED APPEAL TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this appeal defendant No.1 is challenging the judgment and decree dated 05.08.2016 in R.A.No.44/2015 on the file of the Senior Civil Judge, Bailhongal in allowing the appeal and setting aside the judgment and decree dated 29.07.2016 in O.S.No.150/2009 on the file of the Additional Civil Judge and JMFC, Bailhongal. It is submitted by the learned counsel appearing for the parties that pursuant to filing of the appeal, the respondent has got registered the sale deed dated 23.03.2018 at Sub-Registrar Office, Bailhongal, in respect of the property in question. The said submission is not opposed to by the learned counsel appearing for the appellant. Accordingly, no further orders are - 4 - NC: 2025:KHC-D:2665 RSA No. 100129 of 2017 required to be made in this regard. Hence, the appeal is dismissed. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB, List No.: 1 Sl No.: 19