Karnataka Dharwad Court November 2016 Judgments
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Badasha Husensaheb Tonashyal and Others Vs. Gourawwa and Others
Court: Karnataka Dharwad
Decided on: Nov-10-2016
(Prayer: This RSA is filed under Section 100 of Civil Procedure Code against the Judgment and Decree dated: 12.10.2004 passed in RA.No.48 of 1996 on the file of the District and Sessions Judge, Presiding Officer, Fast Track Court, Jamakhadi, dismissing the appeal and confirming the Judgment and Decree dated:8.3.1996 passed in O,S.No.28 of 1994 on the file of the Munsiff, Bilagi.) 1. Aggrieved by the concurrent findings recorded by both the Courts below in partly decreeing the suit of the plaintiffs by declaring that the sale deed executed by the defendant No.4 in favour of the deceased father of defendant Nos. 1 and 3 is not binding on the plaintiff to the extent of 2/3rd share, defendants 1 to 3 have filed this appeal. 2. The case of the plaintiffs is that they are sisters. They are the daughters of deceased Basappa Kalakeri who died in the year 1968. Defendant No.4 is the mother of the plaintiffs. There are no other legal representatives. The plaintiffs father and husband of defenda...
Abdulkarim Ibrahim Soudagar and Others Vs. Salahuddin Gous sab soudaga ...
Court: Karnataka Dharwad
Decided on: Nov-04-2016
(Prayer: This RSA is filed under section 100 CPC., against the judgement and decree dated 24-04-2009 passed in r.a.no.110 of 1998 on the pile of the I-Addl. civil judge (sr.dn) belgaum, allowing the appeal, filed against the judgment dated 09-11-2000 and the decree passed in o.s.no.484 of 1980 on the file of the II-Addl. Civil Judge(Jr.Dn) belgaum, disposing the suit filed for permanent injunction.) 1. The case of the plaintiffs is that the suit property bearing CTS No.3793 of Kotwal Galli consists of house property with open space, more fully described in the schedule to the plaint. That they are the owners of the suit property and the remaining extent belongs to defendants 1 and 2. Their names and the names of defendants 1 and 2 have been entered in the CTS records. That they are in possession of the same for the last 94 years, from the lifetime of their forefathers and therefore, they have perfected the title over it by adverse possession. Based on these contentions, the instant sui...
Dr. V.K. Satish Vs. Madiwalappa Bhimappa Vaalikar
Court: Karnataka Dharwad
Decided on: Nov-04-2016
(Prayaer: This MFA is filed under Section 173(1) of the MV Act, against the Judgment and Award dated 01-03-2007 passed in MVC No.243/2000 on the file of III Additional Civil Judge (Sr. Dn.) and CJM, Dharwad, awarding a compensation of rs.2,50,000/- with interest at 6% p.a. from the date of petition till payment.) 1. Appellant is the second respondent in MVC No.243/2000. Being aggrieved by the judgment and award dated 1st March, 2007 passed by the Motor Accident Claims Tribunal, Dharwad (hereinafter referred to as the Tribunal for short) fastening the liability on the appellant to compensate the claimants to an extent of 50%, he has filed this appeal. 2. Respondents No.1 and 2 herein had filed a claim petition contending that their son Shashikumar, aged about 7 years as on the date of accident, studying in I Standard died in the accident occurred on 15-01-2000 at about 3.00 p.m., near Salakinakoppa cross. While Shashikumar along with other persons were proceeding in a bullock cart on...
Belagavi Urban Development Authority, Belagavi, Represented by its Com ...
Court: Karnataka Dharwad
Decided on: Nov-02-2016
(This Appeal is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the Order Passed by the learned Single Judge, un W.P.No.110424/2014 (La-UDA) dated 05.11.2015 by allowing this appeal.) P.S. Dinesh Kumar, J. 1. Belgavi Urban Development Authority and its Special Land Acquisition Officer have challenged the order dated 05.11.2015 passed by the learned Single Judge in W.P.No.110424/2014 holding that the acquisition of 1st respondent's land has lapsed by operation of law. 2. Briefly stated facts of the case are, the 1st respondent is an Ex-Serviceman and a senior citizen aged 83 years. His land measuring 1 acre 12 guntas in Sy.No.204/P1 was proposed for acquisition under the provisions of the Karnataka Urban Development Authorities Act, 1987 ('the Act' for short) by a preliminary notification dated 08.11.2000 under Section 17 (1) of the Act. It was followed by the final notification dated 14.07.2005 under Section 19 of the said Act and an award was passed o...
Goudappagouda Vs. The Authorized Officer and Assistant Commissioner an ...
Court: Karnataka Dharwad
Decided on: Nov-02-2016
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the impugned order dated 10.11.2014 passed by the learned single judge in W.P. No. 48298/2004 and confirm the order passed by the Authorized Officer and Assistant Commissioner, Dharwad and etc.) Ashok B. Hinchigeri, J. 1. This appeal is directed against the learned Single Judge s order, dated 10.11.2014 passed in W.P. No. 48298/2014. 2. The facts of the case in brief are that six acres of land in Block No. 422 of Thadakoda village, Dharwad Taluk, Dharwad District were granted to the appellant and his father, Yallanagowda Patil by the Assistant Commissioner by his order, dated 08.04.2003. The respondent No.3 filed Appeal No. 667/2003 before the Karnataka Appellate Tribunal ( KAT for short). On finding that the appellant and his father were not eligible to the grant of land, the KAT, by its order, dated 02.11.2004 (Annexure-H) set aside the Assistant Commissioner s grant-order. The KA...
Chandrashekar Vs. Yellavva and Others
Court: Karnataka Dharwad
Decided on: Nov-02-2016
(Prayer: CRP filed under sec.115 of CPC, 1908, praying to allow the revision petition and thereby setting aside the impugned order produced at annexure-D(order on I.A.NO.2 perused by 2nd additional district and sessions judge, belagavi in RA.NO.40/2014 dated:18.08.2016) permit this petitioner to withdraw the original suit at OS.NO.54/2012 before senior civil judge, savadatti, with permission to file fresh suit on the same cause of action. This crp coming on for admission, this day, the court made the following) 1. The first respondent in RA No.40/2014 pending on the file of the II Additional District Judge, Belagavai, has preferred this revision petition, seeking to quash the order passed by the Trial Court, whereby it has rejected the application filed by the petitioner under Order XXIII Rule 1(3) read with Section 151 of CPC. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent Nos.1 and 2. Perused the impugned order passed by the Trial Court. T...
Hemappa Rudrappa Yakke Gondi and Others Vs. Siddappa Baneshappa Hadima ...
Court: Karnataka Dharwad
Decided on: Nov-02-2016
(Prayer: This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 5.10.04 passed in R.A.No.13 of 2002 on the file of the Presiding Officer, Fast Track Court, Haveri, dismissing the appeal and confirming the Judgment and Decree dated 11.4.2002 passed in OS No.79 of 96 on the file of the Civil Judge (Sr. Dn) and Orl. JMFC, Ranebennur.) 1. The case of the plaintiff is that the suit property is the land measuring 6 acres 2 guntas more fully described in the schedule to the plaint. The owner of the land Sri Rudrappa took out the land for sale to meet his family necessity and to repay the hand loans. Therefore, he entered into an agreement with the plaintiff agreeing to sell the suit land for Rs.20,700/- and received Rs.8,700/- as earnest money and executed an agreement of sale on 12.06.1972. The possession was handed over on the same day agreeing to execute the sale deed after the receipt of the balance amount as per the agre...
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