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2025 DAILYLAW 64386 (KAR)

SMT.APASANA W/O JABBAR KURANDAWAD v. SMT.NOORANJAN W/O GOUSASAB KURANDAWAD

RSA/100798/2019 · 2025-11-06

C M Joshi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15177 RSA No. 100798 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100798 OF 2019 (PAR) BETWEEN: SMT. APASANA W/O. JABBAR KURANDAWAD, AGE: 43 YEARS, OCC. HOUSEHOLD WORK, R/O. BARAPETH GALLI, JAMAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOTE. …APPELLANT (BY SRI. M.C. HUKKERI, ADVOCATE) AND: SMT. NOORANJAN W/O. GOUSASAB KURANDAWAD, AGE: 73 YEARS, OCC. HOUSEHOLD WORK, R/O. BARAPETH GALLI, JAMAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOTE. …RESPONDENT (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE BOTH COURTS JUDGMENT & DECREE PASSED IN R.A.NO.162/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE TO SIT AT JAMKHANDI DATED 29.06.2019 AND THE JUDGMENT AND DECREE PASSED IN O.S.NO.103/2013 BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE, JAMKHANDI DATED 28.04.2017 AND DISMISS THE SUIT OF THE PLAINTIFF WITH COST AND ETC. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.07 14:29:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15177 RSA No. 100798 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellant submits that in pursuance of the decree passed in FDP No.23/2017, an appeal in R.A.No.5013/2021 was filed questioning the final decree drawn, which also came to be disposed of. It is submitted that the Execution Petition No.21/2021 filed for execution of the final decree has also been closed recording satisfaction of the decree. Therefore, it is submitted that the present appeal does not survive for consideration. Hence, the appeal stands disposed of as infructuous. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 18