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2025 DAILYLAW 52733 (KAR)

SMT. VIDYA v. BHIMANAGOUDA

RFA/100036/2020 · 2025-05-02

G Basavaraja, Sachin Shankar Magadum

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

---------------------------------------- Decree of Appellate Court (O-41,R 35 CPC) H.C No. 32A --------------------------------------- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD PRESENT THE HON' BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 100036 OF 2020 BETWEEN: SMT. VIDYA W/O. MALLAPPA BHUDIHAL AGE: 46 YEARS, OCC: HOUSE HOLD WORK, R/O. 17TH CROSS, VIDYAGIRI, BAGALKOT, TQ AND DIST: BAGALKOT. …APPELLANT AND: 1. BHIMANAGOUDA S/O. VENKANAGOUDA BANNIKOPPA, AGE: 76 YEARS, OCC: RETIRED AND AGRICULTURE, R/O. NEAR THE HOUSE OF P.H.PUJAR, BAGALKOT, TQ AND DIST: BAGALKOT. 2. SMT. SUVARNA W/O. SHANMUKHAGOUDA PATIL, AGE: 52 YEARS, OCC: HOUSE HOLD WORK, R/O. C/O. S.S.PATIL, GANGA SADAN, M-91, SECTOR NO.63, NAVANAGAR-BAGALKOT, TQ AND DIST: BAGALKOT. 2 3. SMT. MALLAMMA W/O. MALLIKARJUN HADLI AGE: 47 YEARS, OCC: HOUSE HOLD WORK, R/O. HOUSE NO.2487/A/26, INFRONT OF KENASHRI GATE, MARIYAPPAPALYA H.A.F., 4TH HEBBAL, BANGALORE-24. 4. SMT. SHARADA W/O. TAMMANAGOUDA MOOLIMANI, AGE: 80 YEARS, OCC: HOUSE HOLD WORK, R/O. TIMMAPUR, TQ: HUNAGUND, DIST: BAGALKOT. …RESPONDENTS ******** This Regular First Appeal preferred against the Judgment and Decree of the Court of the SENIOR CIVIL JUDGE AND J.M.F.C., BADAMI in O.S. No.36 of 2016 on its file dated the 11TH DAY OF DECEMBER 2019 coming on for pronouncement of judgment on the 2ND DAY OF MAY 2025 in the presence of SRI. MALLIKARJUNSWAMY B HIREMATH, Advocate for the Appellant and SRI. K L PATIL and SRI. S S BETURMATH, Advocate for the C/Respondent No.1; SRI. ARAVIND D KULKARNI, Advocate for R2 and R3; V/o dated 01.02.2022 Appeal against R4 stands abated. And, for the reasons stated in the judgment, it is ordered and decreed that, the Regular First Appeal be and the same is hereby allowed. And it is further ordered and decreed that, the Judgment and decree dated 11.12.2019 passed in O.S. No.36/2016 on the file of the Senior Civil Judge and JMFC, Badami is hereby set-aside. 3 And it is further ordered and decreed that, consequently, suit filed in O.S.No.36/2016 is hereby dismissed. And it is further ordered and decreed that, there shall be no order as to costs in this Appeal. Given under my hand and the seal of this Court, this the 2ND DAY OF MAY 2025. SD/- ASSISTANT REGISTRAR C£ÀħAzsÀ-§ (AS IN O.S.No.36/2016) d«ÄãÀÄUÀ¼À «ªÀgÀ C.£ÀA. j ¸À £ÀA. PÉëÃvÀæ J-UÀÄ DPÁgÀ J-UÀÄ UÁæªÀÄ 1. 11/1 C RgÁ§ 03-28 00-02 03-26 06-97 ¸ÀļÁî UÁæªÀÄ 2. 11/1 § RgÁ§ 07-26 00-03 07-23 14.00 ¸ÀļÁî UÁæªÀÄ SD/- ASSISTANT REGISTRAR T By:rsm D By:snm C By:snm