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Karnataka Dharwad Court June 2016 Judgments

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Jun 28 2016

Bhimavva W/O. Ramu Bhovi Vs. Krishnabai D/O. Dattoba Bhovi

Court: Karnataka Dharwad

Decided on: Jun-28-2016

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE28T H DAY OF JUNE2016BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.6081/2012 (DEC/INJ) BETWEEN:1. 2. BHIMAVVA W/O. RAMU BHOVI AGE:77. YEARS, OCC: HOUSEHOLD WORK R/O. CTS No.2732, P.B. ROAD, SANKESHWAR 591 313, TQ: HUKKERI, DIST: BELGAUM APPASAHEB S/O. RAMU BHOVI AGE:62. YEARS, OCC: AGRICULTURE R/O. CTS No.2732, P.B. ROAD, SANKESHWAR - 591 313, TQ: HUKKERI, DIST: BELGAUM (BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADV.) AND1 KRISHNABAI D/O. DATTOBA BHOVI FALSELY CLAIMING HERSELF AS ...APPELLANTS2SMT. KRISHNABAI W/O. RAMU BHOVI AGE:72. YEARS OCC: HOUSEHOLD WORK R/O. P.B. ROAD, SANKESHWAR 591 313 TQ: HUKKERI, DIST: BELGAUM CHANDRAKANT S/O. KRISHNABAI BHOVI FALSELY CLAIMING HIMSELF AS CHANDRAKANT S/O. RAMU BHOVI AGE:53. YEARS OCC: AGRICULTURE, R/O. P.B. ROAD, SANKESHWAR - 591 313 TQ:HUKKERI, DIST: BELGAUM RAJU S/O. KRISHNABAI BHOVI CALLING HIMSELF AS RAJU S/O. RAMU BHOVI AGE:51. YEARS OCC: AGRICULTURE, R...


Jun 28 2016

Smt Gundamma Vs. Sura Nettappa

Court: Karnataka Dharwad

Decided on: Jun-28-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE28T H DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.2809/2011(SP) BETWEEN: SMT GUNDAMMA SINCE DEAD BY LRS:1. KHEMANNA S/O LATE KANDAHANAHALLI GADEPPA AGED ABOUT:51. YEARS, R/O: BANDIHATTI, COWL BAZAR, BALLARI-583104.2. KURUBARA GOPALA SINCE DEAD BY HIS LRS2) YELLAMMA W/O LATE K.GOPALA AGED ABOUT50YEARS, R/O: H.NO.173, WARD NO.29, BANDIHATTI (POST) NEAR RAMALA DEVI TEMPLE, C.B. BALLARI2) RAMANJINEMMA D/O LATE K.GOPAL, :2. : AGED ABOUT35YEARS, R/O: H.NO.173,WARD NO.29, BANDIHATTI (POST) NEAR RAMALA DEVI TEMPLE, C.B. BALLARI. 2C) K.SOMASHEKAR S/O LATE K.GOPAL, AGED ABOUT32YEARS, R/O: H.NO.173, WARD NO.29, BANDIHATTI (POST) NEAR RAMALA DEVI TEMPLE, C.B. BALLARI2) SRINIVAS S/O LATE K.GOPAL, AGED ABOUT29YEARS, R/O: H.NO.173, WARD NO.29, BANDIHATTI (POST) NEAR RAMALA DEVI TEMPLE, C.B. BALLARI2) RAMALAKSHMI D/O LATE K.GOPAL, AGED ABOUT28YEARS, R/O: H.NO.173, WARD NO.29, BANDIHATTI (...


Jun 23 2016

Shakuntala Vs. Chaitra

Court: Karnataka Dharwad

Decided on: Jun-23-2016

(Prayer: This Criminal Petition is filed u/s 482 of Cr.P.C. praying to quash the impugned order passed by the Civil Judge and JMFC, Mundargi, in Criminal Misc. No. 165/2015 on the basis of the complaint filed by the respondent for the offences punishable under Sections 18, 19, 20, 22, 23 of the protection of Women from Domestic Violence Act, 2005.) This petition was filed for quashing of the case filed by the respondent herein, registered as Cri. Misc. No.165/2015 and pending on the file of the Civil Judge and JMFC, Mundargi. 2. The factual scenario is, that the marriage of the respondent was solemnised with one Sri Manjunath Shettar, on 16.12.2013. Prior to the said marriage, the petitioner, a widow and a senior citizen, made a Will dated 05.04.2013, vide Annexure - A, bequeathing her properties in favour of said Manjunath Shettar, by treating him as a well-wisher. Finding change in the attitude of Manjunath Shettar, who started neglecting the petitioner, the Will was revoked on 06.04...


Jun 23 2016

smt.shakuntala W/O Totappa Beleri Vs. smt.chaitra W/O Manjunath Shatar

Court: Karnataka Dharwad

Decided on: Jun-23-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE23R D DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.100004/2016 BETWEEN: SMT.SHAKUNTALA W/O TOTAPPA BELERI AGED ABOUT78YEARS, OCC:HOUSEHOLD WORK R/O:VIVEKANANDA ROAD, NEAR SHADIMAHAL, 1ST CROSS, BETAGERI-592101 TQ:DIST:GADAG. ... PETITIONER (By Sri. M M PATIL, ADV.) AND: SMT.CHAITRA W/O MANJUNATH SHATAR AGED ABOUT21YEARS, OCC:HOUSEHOLD WORK, R/O:HAROGERI, TQ:MUNDARGI-582118 DIST:GADAG. (By Sri. JAGADISH PATIL, ADV.) ... RESPONDENT :2. : THIS CRIMINAL PETITION IS FILED U/S482OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE CIVIL JUDGE AND JMFC, MUNDARGI, IN CRIMINAL MISC. No.165/2015 ON THE BASIS OF THE COMPLAINT FILED BY THE RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS18 19, 20, 22, 23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: - ORDER This petition was ...


Jun 22 2016

Mohan Appaji Chigare and Others Vs. Sushila Shivaram Patil and Others

Court: Karnataka Dharwad

Decided on: Jun-22-2016

(Prayer: This RSA is filed under Section 100 of C.P.C. praying to set aside the Judgment and Decree dated 26.09.2014 in R.A.No.26/2014 passed by the Fast Track Court II and Addl. District Judge, Belgaum and set aside the Judgment and Decree dated 09.01.2014 in O.S.No.2/1992 on the file of the III Addl. Senior Civil Judge and Addl. MACT, Belgaum, partly decreeing the suit filed for specific performance of contract.) 1. This appeal filed by the defendants is directed against the Judgment and Decree dated 26.09.2014 passed in R.A.No.26/2014 by the Presiding Officer, FTC II and Addl. Dist. Judge at Belgaum, confirming the Judgment and Decree dated 09.01.2014 passed in O.S.No.2/1992 by the III Addl. Senior Civil Judge, Belgaum. 2. O.S.No.2/1992 was filed by Sri Maruti Devappa Dhakaluche, to pass a decree for specific performance of contract and perpetual injunction. Defendant No.1 in the said suit, filed O.S.No.55/1991, later registered as O.S.No.186/1993, against defendant therein, to pass...


Jun 22 2016

Anasuya and Others Vs. Nasiruddin

Court: Karnataka Dharwad

Decided on: Jun-22-2016

(This RSA filed u/s.100 of CPC, against the Judgment and decree dtd. 18.03.2016 passed in R.A.No. 26/2015 on the file of the Senior Civil Judge, Saundalti, allowing the appeal and setting aside the judgment and decree dtd. 05.08.2015 passed in O.S.No. 213/2010 on the file of the Civil Judge and JMFC., Saundatti, dismissing the suit filed for permanent injunction. 1. This appeal is directed against the Judgment and Decree passed by the Senior Civil Judge at Saundatti, in R.A. No.26/2015, dated 18.03.2016. By the impugned Judgment and Decree, the lower Appellate Court allowed the appeal and set aside the Judgment and Decree passed by the Civil Judge at Saundatti, in O.S. No.213/2010 dated 05.08.2015. 2. The appellants - defendants have filed this appeal. The respondent - plaintiff had filed the suit to pass a decree of permanent injunction in respect of the suit schedule property against the defendants. The suit was contested by filing written statement. 4 issues were raised. After the t...


Jun 22 2016

smt.anasuya Vs. Nasiruddin

Court: Karnataka Dharwad

Decided on: Jun-22-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22N D DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO10048/2016 BETWEEN:1. SMT.ANASUYA W/O SEETARAM BADIGER, AGE:73. YEARS, OCC: HOUSEHOLD WORK, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 2. NAMADEV S/O SEETARAM BADIGER, AGE:48. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 3. BASAVARAJ S/O SEETARAM BADIGER, AGE:41. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 4. NIJAGUNI S/O SEETARAM BADIGER, AGE:35. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 :2. :5. HANAMANT S/O SEETARAM BADIGER, AGE:33. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 6. MANJUNATH S/O SEETARAM BADIGER, AGE:38. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 ... APPELLANTS (BY SRI S.G.KADADAKATTI, ADV.) AND: NASIRUDDIN S/O AMINUDDIN AMINNAIK, AGE:50. YEARS,...


Jun 22 2016

Mohan Appaji Chigare Vs. Sushila Shivaram Patil

Court: Karnataka Dharwad

Decided on: Jun-22-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22n d DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.100702/2014 BETWEEN:1. 2. 3. SRI. MOHAN APPAJI CHIGARE AGE:61. YEARS,OCC: BUSINESS, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST: BELGAUM-590003 SMT. VIJAYA W/O ASHOK CHIGARE, AGE:48. YEARS, OCC: HOUSEHOLD, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST:BELGAUM-590003 SRI. MANJUNATH S/O ASHOK CHIGARE, AGE:24. YEARS, OCC: SERVICE, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST: BELGAUM-590003.4. MISS. SNEHA D/O ASHOK CHIGARE, AGE:22. YEARS, OCC: SERVICE, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST: BELGAUM-590003 :2. :5. SRI. RAJU APPAJI CHIGARE, AGE:49. YEARS, OCC: BUSINESS, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST: BELGAUM-590003 (BY SRI D.RAVIKUMAR GOKAKAKAR, ADV.) ... APPELLANTS AND:1. 2. 3.4.5. SMT. SUSHILA SHIVARAM PATIL, AGE:53. YEARS, OCC: HOUSEWIFE, R/O:4. H CROSS, VIDHYANAGAR, ANGOL, BELAGAVI. SRI. ARUN ...


Jun 21 2016

G.K. Sanna Tippeswamy Vs. Triveni

Court: Karnataka Dharwad

Decided on: Jun-21-2016

(Prayer: This appeal is filed under Section 19(1) of the Family Courts Act 1984, against the Judgment and Decree dated 30.11.2015, passed in Matrimonial Case No. 7/2015 on the file of the Principal Judge, Family Court, at Ballary, dismissing the petition filed under Section 13(1) (ia) and 1(iii) of Hindu Marriage Act.) Rathnakala, J. 1. In this appeal, the appellant/husband is assailing the judgment of the Family Court dated 30.11.2015, whereby his divorce petition filed under Section 13(1)(ia) and Section 13(1)(iii) of the Hindu Marriage Act, (for short, the Act ), came to be dismissed. 2. Briefly stated, the appellant/husband filed a divorce petition with the facts that the parties were married on 05.05.2011 as per their custom. The respondent/wife joined him in the matrimonial home three months after the marriage; 1 months thereof, her abnormal behaviour was noticed, she used to walk out of the bed during night hours, spread her hairs, smile, hit her head on the wall and was found s...


Jun 21 2016

sri.g.k. Sanna Tippeswamy S/O Kanki Chandrappa Vs. smt.triveni @ Geeth ...

Court: Karnataka Dharwad

Decided on: Jun-21-2016

MFA No.100202/2016 -:1. :- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE21T DAY OF JUNE, 2016 PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA MFA NO.100202/2016 (FC) BETWEEN SRI. G.K. SANNA TIPPESWAMY S/O. KANKI CHANDRAPPA AGE:29. YEARS, OCC: AGRICULTURIST, R./O PATTANASERAGU, TAL & DIST: BALLARI. APPELLANT (BY SRI. GURUBASAVARAJA S.M., ADVOCATE) AND: SMT. TRIVENI @ GEETHA W/O G.K. SANNA TIPPESWAMY, D/O HOSAMANE KALINGAPPA, AGE:24. YEARS, OCC: HOUSEWIFE, R/O DASAPURA, SIRIGERI THANDA, SIRUGUPPA TALUK, BALLARI-DIST. RESPONDENT (BY SRI. T. BASAVANAGOUDA, ADVOCATE) MFA No.100202/2016 -:2. :- THIS APPEAL IS FILED UNDER SECTION191) OF THE FAMILY COURTS ACT1984 AGAINST THE JUDGMENT AND DECREE DATED3011.2015, PASSED IN MATRIMONIAL CASE NO.7/2015 ON THE FILE OF THE PRINCIPLA JUDGE, FAMILY COURT, AT BALLARY, DISMISSING THE PETITION FILED UNDER SECTION131) (ia) & 1(iii) OF HINDU MARRIAGE ACT. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT...


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