Karnataka Dharwad Court June 2014 Judgments
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Shridhar Manjayya Gunaga Vs. Karnataka Housing Board
Court: Karnataka Dharwad
Decided on: Jun-30-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Direct The Respondent To Consider The Representation Dated 4th Mar 2014, At Annexure- C, Given By The Petitioner To The Respondent To Allot House Bearing No. Lig 34, Located In Khb Colony, Habbuwada, Karwar, To The Petitioner.) 1. Petitioner claims to be an occupant of house bearing No.LIG 34, KHB Colony, Habbuwada, Karwar. His grievance in this writ petition is, that a representation submitted on 04.03.2014 vide Annexure - C, has not been considered. The petitioner alleges arbitrariness on account of inaction. 2. Shri P.V.Gunjal, learned Advocate placed reliance an order dated 21.08.2013 passed in W.P. Nos.80083-87/2013 and connected cases and submitted, that this petition may be disposed of accordingly. 3. Smt, Sharmiia M. Patil, learned advocate for the respondent submitted that in case a decision has not been taken on the representation submitted by the petitioner, seeking allotm...
D. Abdullah and Others Vs. Syed Abdul Jabbar
Court: Karnataka Dharwad
Decided on: Jun-30-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Dtd.21.03.2014 On Ia-1 In Mc No.21 Of 2011 Passed By The Court Of The Iii Additional Civil Judge (Jr.Dn) At Bellary As Per Annexure-E, And Reject Ia-1.) 1. Miscellaneous Case No.3/2011 was filed on 30.04.2011, in the Vacation Court at Bellary, to set aside the decree passed on 25.07.2008 in O.S. No.390/2008. Along with the said petition, LA. No.1 was filed under Section 5 of Limitation Act, to condone the delay in presenting the petition. The petitioner herein filed statement of objections and opposed I.A. No.2, by filing a counter. The Court below having allowed I.A. No.1 and condoned the delay, as per order dated 21.03.2014, feeling aggrieved, this writ petition was filed. 2. Beard the learned counsel on both sides and perused the writ petition record. 3. The Trial Court has committed a material error and irregularity in deciding I.A. No.1, without recording the evi...
Mohammed Ashraf Vs. Tabbasum
Court: Karnataka Dharwad
Decided on: Jun-30-2014
(Prayer: This R.F.A. is filed u/s. 96 of CPC against the Judgment and Decree dated 14.06.2005 passed in O.S.No. 113/98 on the file of the II Addl. Civil Judge (SR.DN.), Belgaum, partly decreeing the suit for partition and separate possession and etc.) 1. Plaintiff of O.S.No. 113/98 which was pending on the file of the court of II Addl. Civil Judge (Jr.Dn.), Belgaum, is before this Court by filing an appeal u/S. 96 of CPC. Suit filed by him for the relief of partition and separate possession of an immovable urban property bearing CTS No. 340 measuring in all 138.79 sqmts in the city of Belgaum, has been decreed in part granting 4/9th share only to the plaintiff and 2/9th share + 1/3 share to defendant no.1-Tabassum. It is this judgment and decree which is called in question on various grounds as raised in the appeal memorandum amongst other grounds. 2. Appellant is the plaintiff is the said suit. First respondent is the first defendant and remaining respondents herein are the defendant ...
The Government of Karnataka, Represented by Deputy Commissioner and Ot ...
Court: Karnataka Dharwad
Decided on: Jun-30-2014
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc Against The Judgment And Decree Dated 05.12.2007 Passed In R.A.No.68/2007 On The File Of The Prl. Civil Judge (Sr.Dn.), Jamkhandi Dismissing The Appeal And Confirming The Judgment And Decree Dated 21.07.2007 Passed In O.S.No.48/2007 On The File Of The Civil Judge (Jr.Dn.), Banahatti, Partly Decreeing The Suit Filed For Declaration And Mandatory Injunction) 1. Heard the learned Government Advocate who appears for the appellants. Respondent No.1 served and unrepresented. Respondent No.2 are the school authorities. The present appeal is filed under Section 100 of CPC challenging the concurrent findings granted against the defendants in O.S.No.48/2007, which was pending on the file of the Civil Judge (Jr.Dn.), Banahatti and the affirmation of the same by the first appellate Court in R.A.No.68/2007. Appellants are defendants No.l to 5 in the said suit. respondent No. 1 is the plaintiff in the said suit. Respondent No.2 is defendant No.6...
The Government of Karnataka Vs. Kumari Shilpa Shrishail Baragadagi
Court: Karnataka Dharwad
Decided on: Jun-30-2014
1 RSA No.1353/2008 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE30H DAY OF JUNE2014BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA BETWEEN: RSA No.1353/2008 (RES) 1.2. 3.4.5. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, BAGALKOT. THE DIRECTOR, PUBLIC INSTRUCTIONS DEPT. NRUPATUNGA ROAD, BANGALORE. THE DEPUTY DIRECTOR, DEPT. OF PUBLIC INSTRUCTIONS, BAGALKOT. THE BLOCK EDUCATION OFFICER, JAMKHANDI. THE HEAD MASTER, GOVERNMENT KANNADA MEDIUM GIRLS HIGH SCHOOL, BANAHATTI, TQ.JAMKHANDI. (BY SRI.H.HANUMANTHARAYAPPA, GOVT.ADVOCATE) APPELLANTS AND:1. KUMARI SHILPA SHRISHAIL BARAGADAGI, AGE:22. YEARS, OCC: STUDENT, R/O BANAHATTI, TQ.JAMKHANDI. 2 RSA No.1353/2008 2. THE PRINCIPAL (HIGH SCHOOL SECTION), S.R.A. HIGH SCHOOL, BANAHATTI, TQ.JAMKHANDI. (R1 AND R2 SERVED) RESPONDENTS THIS APPEAL IS FILED UNDER SECTION100OF CPC AGAINST THE JUDGMENT AND DECREE DATED0612.2007 PASSED IN R.A.NO.68/2007 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.), JAMKHANDI DISMISSING ...
Holiyavva and Others Vs. Basavaneppa and Others
Court: Karnataka Dharwad
Decided on: Jun-25-2014
(Prayer: This Appeal Is Filed Under Order 43 Rule 1(U) Of Cpc, Against The Judgment And Decree Dated 21.03.2013 Passed In R.A.No.3/2013 On The File Of The Senior Civil Judge, Ramdurg, Allowing The Appeal Filed Against The Judgment And Decree Dated 04.12.2012 Passed In O.S.No.29/2006 On The File Of The Civil Judge, Ramdurg, Dismissing The Suit Filed For Declaration And Injunction.) 1. Order of remand passed by the learned Judge of the first appellate Court i.e., learned Senior Civil Judge, Ramdurg in R.A.No.3/2013 dated 21.03.2013 is called in question on various grounds as set out in the appeal memo. Respondent No.1 herein is the plaintiff and respondent Nos.2 and 3 herein are defendant Nos.1 and 2 in the suit bearing O.S.No.29/2006, which was pending on the file of the Civil Judge at Ramdurg. Parties will be referred to as plaintiff and defendants as per their ranking given in the trial Court. 2. Plaintiff has filed a suit against the Town Municipality, Ramdurg, represented by its Pre...
Smt. Holiyavva W/O Virupaxayya Bhandarimath Vs. Basavaneppa S/O Veerbh ...
Court: Karnataka Dharwad
Decided on: Jun-25-2014
1 MSA No.652/2013 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE25H DAY OF JUNE2014BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA BETWEEN: MSA No.652/2013 (DEC-INJ) 1.2.3. SMT.HOLIYAVVA W/O VIRUPAXAYYA BHANDARIMATH, AGE:72. OCC: H.HOLD WORK, VIJAYKUMAR @ NAGAYYA S/O SHIVALINGAYYA BHANDARIMATH, AGE:42. OCC: BUSINESS, CHANNAYYA S/O SHIVALINGAYYA BHANDARIMATH, AGE:35. OCC: BUSINESS, ALL ARE R/O JUNI PETH, RAMADURG, DIST: BELGAUM. (BY SRI.B.M.ANGADI, ADV.) AND: APPELLANTS1 BASAVANEPPA S/O VEERBHADRAPPA PATTANSHETTY, AGE:85. OCC: ADVOCATE-CUM-AGRICULTURST, R/O RAMADURG, DIST: BELGAUM.2.3. THE PRESIDENT, MUNICIPALITY, RAMADURG, DIST: BELGAUM. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, RAMADURG, DIST: BELGAUM. 2 MSA No.652/2013 (BY SRI.ARUN L.NEELOPANT, ADV. FOR C/R1, SRI.R.K.KULKARNI, ADV. FOR R3, NOTICE TO R2 SERVED) RESPONDENTS THIS APPEAL IS FILED UNDER ORDER43RULE1U) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED2103.2013 PASSED IN R.A.NO.3/2013 ON THE FILE OF THE SENI...
Aravind Ramachandra Anegundi Vs. Karnataka State Financial
Court: Karnataka Dharwad
Decided on: Jun-19-2014
1 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE19H DAY OF JUNE, 2014 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.84497/2013 (GM-KSFC) PETITIONER BETWEEN: Aravind Ramachandra Anegundi, Age: About 50 years, Occ: Business, R/o. Navalagund, Tq:Dist: Dharwad. (By Sri Aravind D. Kulkarni, Adv.) AND:1. 2.3. Karnataka State Financial Corporation, BO, Rayapur, Dharwad, Rep. by its Assistant General Manager, C/o. KSFC, BO, Rayapur, Dharwad 580 009. Vasanth Ramachandra Anegundi, Age: About 48 years, Occ: Business, R/o. Navalagund, Tq:Dist: Dharwad. Manjunath Ramachandra Anegundi, Age: About 46 years, Occ: Business, R/o. Navalagund, 4.5. 6.7. 8.9. 2 Tq:Dist: Dharwad. Prakash Ramachandra Anegundi, Age: About 44 years, Occ: Business, R/o. Navalagund, Tq:Dist: Dharwad. Pramilabai, W/o. Ramachandra Anegundi, Age: About 75 years, Occ: Business, R/o. Navalagund, Tq:Dist: Dharwad. Parvati, W/o. Aravind Anegundi, Age: About 45 years, Occ: Business, R/o. Navalagun...
M/s. Ghodawat Industries (India) Pvt., Ltd. Vs. Additional Chief Secre ...
Court: Karnataka Dharwad
Decided on: Jun-18-2014
(Prayer: These Writ Appeals Are Filed U/S.4 Of The Karnataka High Court Act, 1961, Praying To, Set Aside The Order Dated 22.05.2014 Passed By The Learned Single Judge Vacating The Interim Relief Granted By The Learned Single Judge On 01.04.2014 And Extended Till Further Orders On 15.04.2014 Tn The Writ Petition No. 104278-281/20i4 And Further Be Pleased To Restore Interim Relief Granted By The Learned Single Judge On 01.04.2014 And Extended Till Further Orders On 15.04.2014 In The Writ Petition Nos. 104278-281/2014 And Etc.) 1. Appellant is before this Court under Section 4 of the Karnataka High Court Act, 1961, (for short the Act) challenging the order dated 22.05.2014 made in W.P. Nos. 104278-281/2014 on the file of learned Single Judge of this Court and restore the order dated 15.04.2014 insofar as extending the interim order until further orders. 2. For the purpose of convenience and better understanding, 'the appellant' is hereafter referred to as 'the petitioner' as arraigned in ...
Chidanandaswamy Bellary and Another Vs. Shadaksharayya
Court: Karnataka Dharwad
Decided on: Jun-17-2014
(Prayer: This Appeal Is Filed Under Section 96 Of Cpc Against The Judgment And Decree Dated 07.02.2005 Passed In O.S.No.37/94 On The File Of The Addl. Civil Judge (Sr.Dn.) Bellary, Dismissing The Suit For Declaration, Possession And Injunction.) 1. This is an appeal filed under Section 96 of CPC challenging the judgment and decree passed in O.S.No.37/1994, under which the suit of the plaintiffs/appellants herein filed for declaration of title and permanent injunction has been dismissed after contest. Respondent is the sole defendant in the said suit. Plaintiff No.2 is stated to be the trustee of plaintiff No.1-Math. According to the plaintiff, schedule properties are the properties of plaintiff No.1-Math. It is further averred that, she was staying in the Math and was performing all the religious ceremonies, duties and functions under the guidance of Shri Guru Chidanandaswami Avadhoot who expired on 20.04.1992. According to the plaintiffs, Shri Guru Chidanandaswami Avadhoot was the Swa...