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2025 DAILYLAW 6624 (KAR)

SRI. SANTOSH ANANT KULKARNI v. SRI. ANNAGOUDA JYOTIGOUDA PATIL

RSA/100608/2024 · 2025-10-14

C M Joshi

body2025

Judgment text

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1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD DATED THIS 17TH DAY OF FEBRUARY, 2025 BEFORE HON'BLE MR. JUSTICE E.S.INDIRESH RSA NO. 100608 OF 2024 BETWEEN: 1 . SRI. SANTOSH ANANT KULKARNI AGE. 41 YEARS OCC. AGRICULTURE/TRADE R/O. NERALIKAR GALL, CHIKODI, TQ. CHIKODI DIST. BELAGAVI-591201 ... APPELLANT (BY SRI. RAMACHANDRA A MALI, ADV. FOR APPELLANT) AND 1 . SRI. ANNAGOUDA JYOTIGOUDA PATIL SINCE DECEASED BY HIS LEGAL HEIRS SRI BABUGOUDA ANNAGOUDA PATIL AGE. 70 YEAS, OCC. AGRICULTURE 2 . SRI DUNDAGOUDA ANNAGOUDA PATIL AGE. 65 YEARS OCC. AGRICULTURE 3 . SMT. BAYAVVA W/O MAHALING LATKAR AGE. 63 YEARS OCC. AGRICULTURE 4 . SMT. SONAWWA W/O BALAPPA KHOT AGE. 62. YEARS OCC. AGRICULTURE 2 5 . SMT. HOSHABAI W/O KRISHNA KHOT AGE. 61 YEARS OCC. AGRICULTURE, 6 . SMT. RATNAVVA W/O GOVIND GOURAJ AGE. 59 YEARS OCC. AGRICULTURE 7 . SMT GANGAWWA W/O APPASAHEB SHIRAGURE AGE. 58 YEARS OCC. AGRICULTURE, ALL R/O MANGANUR, TQ. CHIKODI DIST. BELAGAVI-591201 8 . SMT. SHIVABAI W/O KALAGOUDA PATIL AGE. 68 YEARS OCC. AGRICULTURE, R/O MANGANUR, TQ. CHIKODI, DIST. BELAGAVI-591201 ...RESPONDENTS RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO, CALL FOR THE RECORDS IN EXECUTION CASE NUMBER 13/2007 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, CHIKODI AND SET ASIDE JUDGMENT AND DECREE MADE IN RA NO. 10/2021 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE CHIKODI THEREBY CONFIRMING THE JUDGMENT/ORDER DATED 21/04/2007 MADE IN E.P.NO. 13/2007 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS CHIKODI AS THE SAME BEING ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN LAW AND CONSEQUENTLY ALLOW THE IA NO. 12 AND 13 FILED IN E.P.NO. 13/2007 ON THE FILE OF LEARNED PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, CHIKODI AS PRAYED IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING; 3 O R D E R Finally, three weeks’ time is granted to comply with the office objections, failing which, the appeal shall be dismissed without reference to the Bench for non-prosecution. SD/- JUDGE //COPY// Note:- As per endorsement made in the order sheet dated 21.03.2025. Counsel for the appellant has not complied with the office objections at Sl. No. 1,2,4 to 11. Hence, this RSA No. 100608/2024 dismissed without reference to the Bench for non-prosecution as per the Court Order dated 17.02.2025. BY ORDER OF THE COURT SD/- ASSISTANT REGISTRAR R- By:-rv C- By:-rv T- By: -psl