Karnataka Dharwad Court June 2014 Judgments
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Sri. Chidanandaswamy Bellary Vs. Shadaksharayya
Court: Karnataka Dharwad
Decided on: Jun-17-2014
1 RFA No.600/2005 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE17H DAY OF JUNE2014BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA BETWEEN: RFA No.600/2005 (DEC/INJ) 1. SRI.CHIDANANDASWAMY BELLARY SRI.GURU BRISTAYYASWAMI AVADHOOTMATH, A PUBLIC TRUST REGISTERED UNDER BOMBAY PUBLIC TRUST ACT, NUMBERED AS A-1933, BIJAPUR, REPRESENTED BY THE SECOND APPELLANT.2. SMT.MATOSHRI SHARANI VEERAMMATAI, AGED45YEARS, PEETADHIPATHI AND TRUSTEE OF APPELLANT NO.1. (BY SMT.HEMALEKHA K.S., ADV.) AND: APPELLANTS SHADAKSHARAYYA, CALLING HIMSELF AS DISCIPLE OF CHIDANANDASWAMY AVADHOOTMATH, RESIDENT OF HALAKURKI, BADAMI TALUK, BIJAPUR DISTRICT-586101 (BY SRI.G.R.ANDANIMATH, ADV.) RESPONDENT THIS APPEAL IS FILED UNDER SECTION96OF CPC AGAINST THE JUDGMENT AND DECREE DATED0702.2005 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. 2 RFA No.600/2005 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE ...
The Executive Engineer, O and M Division-2, (Electrical) and Others Vs ...
Court: Karnataka Dharwad
Decided on: Jun-13-2014
(Prayer: This Appeal Is Filed Under Section 100 Of C.P.C. Against The Judgment And Decree Dated 22.02.2011 Passed In R.A. No.52/2010 On The File Of The Prl. Senior Civil Judge At Ranebennur, Dismissing The Appeal, Filed Against The Judgment Dated 23.04.2010 And The Decree Passed INO.S. No.11/2010 On The File Of The Addl. Civil Judge And Ii Addl. Jmfc., Ranebennur, Decreeing The Suit Filed For Recovery Of Compensation.) 1. This is an appeal filed by the defendants of an original Suit bearing O.S. No.11/2010, under Section 100 of C.P.C. challenging the judgment passed against them for recovery of compensation in regard to the death of one Basavaraj due to electrocution. Respondents herein are the plaintiffs No.1 to 3 in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court. 2. Suit filed for the relief of recovery of compensation in regard to the death due to electrocution of Basavaraj was decreed on 23.04.2010 granting comp...
Gunashekar Vs. State Of Karnataka By Hosahalli Police
Court: Karnataka Dharwad
Decided on: Jun-13-2014
(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C. Seeking To Quash The Orders In C.C.No.130/2013 Against This Petitioner In Respect Of Issuance Of Non-Bailable Warrant Against Him On 21.1.2014 On The File Of The Civil Judge And Jmfc Kudligi.) 1. The Counsel for the petitioner is absent. Heard the learned High Court Government Pleader and perused the records. 2. This petition is filed by the petitioner seeking quashing of the Non-Bailable Warrant (NBW) issued against the petitioner herein by the learned Civil Judge and JMFC, Kudligi, directing him to produce the absconding accused in the case. 3. The records disclose that a person by name Babu S/o. Raheem is arrayed as accused in C.C.No.130/2013 for the offences punishable under Section 279, 304(A) of IPC R/w. Section 187, 183 of IMV Act. The records further disclose that, the accused was absconding from appearance before the Court. For that reason, on 21.08.2013, the Court issued NBW against the accused. On 30.09.2013, a noti...
Siddarai Basavant Padagal Vs. Rudrappa Basayanneppa Padagal and Anothe ...
Court: Karnataka Dharwad
Decided on: Jun-11-2014
(Prayer: This Appeal Is Filed Under Section 43 (l) (u) Of Cpc, Against The Judgment And Decree Dated 21.01.2013 Passed In R.A.No.74/2010 On The File Of The II-Addl. Senior Civil Judge, Belgaum, Allowing The Petition Filed Against The Judgment And Decree Dated 21.06.2010 Passed In O.S.No. 1148/2008 On The File Of The IV-Addl. Senior Civil Judge And Jmfc, Belgaum, Dismissing The Suit Filed For The Permanent Injunction.) 1. The present appeal is filed under Order 43 Rule 1(u) of CPC challenging the order of remand passed by the learned II Additional Senior Civil Judge, Belgaum in R.A No.74/2010. 2. Heard the learned counsel for the appellant and perused the judgment of the trial Court passed by the IV Additional Civil Judge and JMFC, Belgaum in O.S.No. 1148/2008 on 21.06,2010. Plaintiff had filed the suit initially for the relief of permanent injunction and later on got the suit converted into one for the main relief of declaration of title. On the basis of the written statement filed by ...
Shri. Siddarai Basavant Padagal Vs. Shri. Rudrappa Basavanneppa Padaga ...
Court: Karnataka Dharwad
Decided on: Jun-11-2014
1 MSA No.576/2013 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE11H DAY OF JUNE2014BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA BETWEEN: MSA No.576/2013 (INJ) SHRI.SIDDARAI BASAVANT PADAGAL, AGE:58. YEARS, OCC: SERVICE, R/O H.NO.865, HIREBAGEWADI, TAL & DIST: BELGAUM. (BY SRI.A.B.KONI & SRI.A.B.PATIL, ADVS.) AND:1. 2. SHRI.RUDRAPPA BASAVANNEPPA PADAGAL, AGE:74. YEARS, OCC: COOLIE, R/O H.NO.863, HIREBAGEWADI, TAL & DIST: BELGAUM. THE SECRETARY, GRAM PANCHAYAT, HIREBAGEWADI, TAL & DIST: BELGAUM. APPELLANT (BY SRI.S.B.HEBBALLI, ADV. FOR R1, R2 NOTICE SERVED) RESPONDENTS THIS APPEAL IS FILED UNDER SECTION431)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED2101.2013 PASSED IN R.A.NO.74/2010 ON THE FILE OF THE II-ADDL. SENIOR CIVIL JUDGE, BELGAUM, ALLOWING THE PETITION FILED AGAINST THE JUDGMENT AND DECREE DATED2106.2010 PASSED IN O.S.NO.1148/2008 ON THE FILE OF THE IV-ADDL. SENIOR CIVIL JUDGE AND JMFC, BELGAUM, 2 MSA No.576/2013 DISMISSING THE SUIT FILED FOR THE PERMA...
Govindappa and Others Vs. Anjinappa and Others
Court: Karnataka Dharwad
Decided on: Jun-09-2014
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc, Against The Judgment And Decree Dated 15.12.2010 Passed In R.A.No.23/2009 On The File Of The Presiding Officer, Fast Track Court-Iii, Hospet, Partly Allowing The Appeal Filed Against The Judgment Dated 01.12.2008 And The Decree Passed In O.S.No.17/2006 On The File Of The Civil Judge (Sr.Dn.), Kudligi, Decreeing The Suit Filed For Declaration And Partition.) 1. Sri.Ananda defendant No.4 of an original suit bearing O.S.No.17/2006 is before this Court by filing an appeal under Section 100 of CPC in RSA No.5174/2011. Sri.Govindappa defendant No.2 in the said suit bearing O.S.No.17/2006 has filed an appeal in RSA No.5239/2011 and Smt.Sudheelamma defendant No.5 in the said suit has filed an appeal in RSA No.5240/2011. As all these appeals have arisen out of a common judgment and decree passed in O.S.No.17/2006, they are taken up together for discussion. Respondent No.1- Anjinappa in these appeals is the plaintiff in the said suit. Respo...
Siddalingappa and Others Vs. E. Anjinappa and Others
Court: Karnataka Dharwad
Decided on: Jun-06-2014
(Prayer: This Appeal Is Filed U/S 100 Of Cpc Against The Judgment and Decree Dated 30.07.2010 Passed In R.A. No.16/2009 On The File Of The Civil Judge (Sr. Dn.) At Kudligi Allowing The Appeal Filed Against The Judgment Dated 13.03.2009 And The Decree Passed In O.S. No. 191/2002 On The File Of The Civil Judge (Jr. Dn.) and Jmfc At Kudligi, Decreeing The Suit Filed For Declaration And Injunction and Etc.) 1. Defendants 1 to 4 of an original suit bearing O.S.No.191/2002 which was pending on the file of the Court of Civil Judge (Jr.Dn.) and JMFC, Kudligi, Bellary District, are before this Court challenging the judgment and decree passed against them in R.A.No.16/2009 which was pending on the file of the Court of Civil Judge (Sr.Dn.), Kudligi. First respondent herein is the only plaintiff in the said suit. The remaining respondents are defendants 5 to 9 in the said suit. Parties will be referred to as plaintiff and defendants 1 to 9 as per their ranking given in the trial Court. 2. Suit fil...
Dyamappa Buttappa Mustigeri and Another Vs. Shiddavva
Court: Karnataka Dharwad
Decided on: Jun-05-2014
(Prayer: This R.S.A. Is Filed U/S 100 Of CPC Against The Judgment and Decree Dated 22.10.2009 Passed In R.A. No. 8/2006 On The File Of The Civil Judge (Sr. Dn.) And JMFC, Badami At Badami Dismissing The Appeal And Confirming The Judgment And Decree Dated 18.7.2005 In O.S. No. 130/1995 On The File Of The Civil Judge (Jr. Dn.), Badami and Etc.) 1. Defendant nos.2 and 3 of O.S. No. 130/1995 are before this Court by filing an appeal u/S 100 of CPC challenging the judgment and decree passed against them on 19.07.2005 and the affirmation of the same by the learned Senior Civil Judge at Badami in R.A. No. 8/2006 (old no.77/2005). The respondent is the plaintiff no.2 in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court. 2. Plaintiff Yallavva chose to file a suit for the relief of partition and separate possession of the properties described in the schedule appended to the plaint. The properties are measuring 11.35 acres and 5....
Rudresh and Others Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Jun-05-2014
(Prayer: These Criminal Petitions Are Filed U/S 439(1) Of Cr.P.C. Seeking To Grant Bail To The Above Petitioners, In Savanur Police Station Crime No.197/2013 Registered On 21.12.2013 Pending Before The Civil Judge and J.M.F.C. Court Savanur, For The Offences U/S 392,395,397 Of IPC.) Common Order: 1. Heard the learned Counsel for the petitioners and the learned Addl. State Public Prosecutor for the respondent - State. Perused the records. 2. The petitioners in these petitions, who are arrayed as accused Nos. 4, 1, (7, 8, 9) and 3 respectively, in crime No. 197/2013 registered by the Savanur police, have approached this Court for grant of bail. 3. The brief factual matrix of the case are that: A person by name Chandulal S/o. Hindudhar Ganghi, lodged a complaint stating that, on 20.12.2013 at about 8.30 a.m., he went to Yalavigi in connection with his business and then he went to Shirahatti, Gadag and Laxmeshwar to visit his customers jewellary shops in order to sell and hand over the pre...
Suhas Pandurang Chandgadkar and Another Vs. Vandana and Others
Court: Karnataka Dharwad
Decided on: Jun-05-2014
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc Against The Judgment And Decree Dated 08.12.2010 Passed In R.A.No.514/2009 On The File Of The Presiding Officer, Fast Track Court-Iv, Belgaum, Dismissing The Appeal Filed Against The Judgment Dated 19.01.2004 And The Decree Passed In O.S.No.1083/1989 On The File Of The Iv Additional Civil Judge (Jr.Dn.), Belgaum Decreeing The Suit Filed For Partition, Declaration And Injunction.) 1. Heard the learned counsel for the appellants in regard to admission. Perused the records. 2. Appellants are defendant Nos.8 and 9 in an original suit bearing O.S.No.1083/1989, which was pending on the file of the IV Additional Civil Judge (Jr.Dn.), Belgaum. Suit had been filed against them and others by respondent No.1- plaintiff Smt.Vandana for the relief of partition and separate possession and declaration that partition and separate possession. The properties involved in the suit are described in the Schedule-A appended to the plaint. Item No.1 is th...
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