Karnataka Dharwad Court April 2017 Judgments
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Sharanawwa and Another Vs. Hanamappa
Court: Karnataka Dharwad
Decided on: Apr-04-2017
(Prayer: This RSA is filed U/s. 100 of CPC against the judgment and decree dtd:27.01.2005 passed in R.A.No.149/04 on the file of the presiding officer, Fast Track Court No.1, Koppal, dismissing the appeal and confirming the judgment and decree dtd:15.2.1995 passed in OS.No.38/1989 on the file of the Munsiff, Kushtagi, Raichur.) 1. The appellants being the defendants in O.S.No.38/1989 on the file of Munsiff, Kustagi, have challenged the judgment and decree dated 27.01.2005 rendered by the Fast Track Court-I, Koppal, in R.A.No.149/2004 confirming the judgment of the trial Court. 2. By referring to the parties with respect to the position that each one of them held before the trial Court, pleadings are summarised as below: One Rangappa S/o. Laxmappa is the father of the first defendant, Sharanawwa, and the husband of second defendant Yamanawwa. The plaintiff, Hanamappa is the nephew of Rangappa. Since defendant No.2 was not a faithful wife and that defendant No.1 was not in good terms wit...
Veeresh and Others Vs. The State of Karnataka, Represented by its Prin ...
Court: Karnataka Dharwad
Decided on: Apr-04-2017
(Prayer: These Appeals are filed under Section 4 of the Karnataka High Court Act, 1961 praying to set aside the Order Dated 21.10.2016 passed by the Learned Single Judge in W.P.NO.103198-103199/2016 by allowing the prayers made by the Appellants in W.P.Nos.103198-103199/2016. This Appeal is filed under Section 4 of the Karnataka High Court Act, 1961 praying to set aside the Order Dated 21.10.2016 passed by the Learned Single Judge in W.P.No.29822/2016 by allowing the prayers made by the Appellant in W.P.No.29822/2016.) DR. H.B. Prabhakara Sastry, J. Common Judgment: 1. The appellants have filed these appeals under Section 4 of the Karnataka High Court Act, 1961, being aggrieved by the order dated 21.10.2016 passed by this Court in W.P.Nos.103198-103199/2016 C/w. W.P.No.29822/2016. 2. In their memorandum of appeal, the appellants have raised common grounds and have stated that the learned Single Judge in the impugned order has failed to notice that the writ petitioners had not sought fo...
Ramachandra Narayan Talawar Vs. Kumar Soukharya and Others
Court: Karnataka Dharwad
Decided on: Apr-04-2017
(Prayer: This Appeal is filed under Section 96 of C.P.C., praying to call for the records and set aside the Judgment and Decree Dated 30.11.2006 made in O.S. No. 242/03 on the file of the Prl. Civil Judge (Sr.Dn.), Dharwad, and to dismiss the suit as prayed for.) B.S. Patil, J. 1. Defendant in O.S.No.242/2003 has filed this Regular First Appeal under Section 96 of Code of Civil Procedure challenging the judgment and decree dated 30th November 2006 passed in O.S.No.242/2003 by the learned Principal Civil Judge (Sr.Dn.) Dharwad. 2. The suit was filed by respondents No.1 to 5 herein. Respondents No. 1 to 3 and 5 herein are children of one Shankar Nayak, whereas, respondent No.4 Girija is the wife of the said Shankar Nayak. They filed the suit seeking half share in the suit schedule properties consisting of agricultural land bearing Sy.No.40 measuring 1 acre 20 guntas situated at Lakamanahalli village in Dharwad taluk (Suit A schedule property) and a residential house bearing CTS Nos.721...
Shankarbhat and Another Vs. Ganesh Krishna Dixit and Another
Court: Karnataka Dharwad
Decided on: Apr-04-2017
(Prayer: This MFA filed U/s 72(4) of the Bombay Public Trusts Act, 1950, against the order dated: 29.03.2011 passed in Misc.Appeal.No.12/2007 on the file of the Principal District Judge, Dharwad, dismissing the Misc. Application filed under Sec.70 of the Bombay Public Trust Act, 1950 and confirming the order dated: 09.10.1996 passed by the Asst. Charity Commissioner, Belagavi in Inq.No.403/1957, allowing the Inquiry.) Dr. Vineet Kothari, J. Mr. Ravi S. Balikai and Shrikant T.Patil, Advs. for the appellant. Mr. C.N. Harlapur and Sadashiv S.Patil, Advs. for C/R2. 1. The appellant Krishna claiming to be the adoptive son of Shankarbhat Pujari @ Gosavi has challenged before us in the present appeal, the order passed by the learned Principal District Judge, Dharwad, on 29.03.2011, dismissing his Misc.Appeal.No.12/2007, Shri. Krishna Shankarbhat Pujari @ Gosavi Vs. Shri. Krishna Ganesh Dixit and others. 2. The appellant claiming to be adoptive son of Shankar Bhat Pujar claimed that a temple k...
K. Jaganath Rao Vs. The Divisional Controller, N.W.K.S.R.T.C., Hubball ...
Court: Karnataka Dharwad
Decided on: Apr-04-2017
(Prayer: This Appeal is filed under Section 4 of Karnataka High Court Act, 1961, praying to call for the records pertaining to W.P.No.100846/2017 E-Tender; set aside the Order Dated 21.03.2017 passed in W.P.No.100846/2017 E-Tender.) 1. The present appeal is directed against the interlocutory order passed by the learned Single Judge in a pending W.P.No.100846/17, vacating the earlier exparte interim order dated 09.02.2017. 2. The present appellant-K.Jaganath Rao, the unsuccessful bidder, for the tender given for running of a Hotel/Restaurant at the premises of the respondents-NWKSRTC, Hubballi Bus Stand, has challenged the acceptance of bid of respondent No.3-Govind L. Kamath, who was the highest bidder and in the said writ petition on 09.02.2017 an exparte interim order was granted in favour of the petitioner. 3. On I.A.No.1/2017 filed by respondent No.3, the successful bidder, the said exparte interim order dated 09.02.2017 came to be vacated by the learned Single Judge by the impugne...
Veeresh Vs. The State of Karnataka,
Court: Karnataka Dharwad
Decided on: Apr-04-2017
1 Date of Judgment 04.04.2017 W.A.Nos.101469-470/2016 C/w. W.A.No.101465/2016 Veeresh & Another Vs. State of Karnataka & Others IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE4H DAY OF APRIL, 2017 R PRESENT THE HONBLE DR. JUSTICE VINEET KOTHARI AND THE HONBLE DR. JUSTICE H. B. PRABHAKARA SASTRY WRIT APPEAL NOS.101469-470/2016 (GM-CC) WRIT APPEAL No.101465/2016 (GM-CC) C/w. IN W.A.NOS.101469-470/2016 BETWEEN:1. VEERESH, S/O. SIDDANNA UNDODI AGED33YEARS MEMBER, ZILLA PANCHAYATH KUDALASANGAMA CONSTITUANCY HUNGUND TALUK BAGALKOT DISTRICT587118 RESIDING AT BELAGALL HUNGUND TALUK BAGALKOT DISTRICT587112 2. BASAVVA, W/O. KANTEEBASAPPA SHINAGADI AGED41YEARS, OCC: HOUSEWIFE RESIDING AT NAGUR, HUNGUND TALUK BAGALKOT DISTRICT587118 (BY SMT. PRAMILA NESARGI, SENIOR COUNSEL FOR SRI. S. S. SURESH, ADVOCATE) APPELLANTS2Date of Judgment 04.04.2017 W.A.Nos.101469-470/2016 C/w. W.A.No.101465/2016 Veeresh & Another Vs. State of Karnataka & Others AND:1. THE STATE OF KARNATAKA REPRESENTED BY I...
Sri Ramachandra Narayan Talawar Vs. Kumar Soukharya
Court: Karnataka Dharwad
Decided on: Apr-04-2017
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE04h DAY OF APRIL, 2017 PRESENT THE HONBLE MR.JUSTICE B.S.PATIL AND THE HONBLE MR.JUSTICE K.SOMASHEKAR RFA No.493/2007 (PAR) ... Appellant Between: Sri Ramachandra Narayan Talawar S/o Narayan Talawar Aged about 80 years, Occ: Agriculturist R/a: Behind KMF, Lakhamanahalli, Dharwad 581 100 (By Sri T.M.Nadaf., Adv.) AND1 2. Kumar Soukharya S/o Shankar Nayak Aged about 15 years, Occ: Student R/o Vivekanand Nagar, Vidyagiri, Dharwad 5851 100 Kumari Soukhya D/o Shankar Nayak Aged about 17 years, Occ: Student R/o Vivekanand Nagar, Vidyagiri, Dharwad 581 100 (Respondents No.1 and 2 are minors represented by their Mother and Natural Guardian respondent No.4 Smt. Girija) 2 3.4.5. Kumari Soumya D/o Shankar Nayak Aged about 18 years, Occ: Student R/o Vivekanand Nagar, Vidyagiri, Dharwad 581 100 Smt. Girija W/o Shankar Nayak Aged about Major, Occ: Household Work, R/o Vivekanand Nagar, Vidyagiri, Dharwad 581 100 Soubhagya D/o Shankar N...
Karnataka Neeravari Nigam Ltd., Vs. M/S Shetty Construction
Court: Karnataka Dharwad
Decided on: Apr-04-2017
1 R IN THE HIGH COURT OF KARNATAKA, DHARWAD DHARWAD BENCH DATED THIS THE4H DAY OF APRIL, 2017 BEFORE THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO.109841 OF2014(GM-CPC) BETWEEN:1. Karnataka Neeravari Nigam Ltd., 4th Floor, Coffee Board Building, Dr. Ambedkar Veedhi, Bangalore-560 001. Through Petitioner No.2, who is Authorized to represent Karnataka Neeravari Nigam Ltd.2. The Executive Engineer, Karnataka Neeravari Nigam Ltd., G.R.B.C. Division No.5, Lokapur, Camp: Koujalgi, District: Belgaum. (By Shri Ramesh N. Misale, Advocate) AND: M/s. Shettys Construction Co. Pvt. Ltd., Hubli, No.80, Ashok Nagar, Hubli, Now office shifted to Flat No.4C, PETITIONERS. 2 Shambhu Apartment, Adarsh Nagar, Hubli, Represented by its Director Sri. Prasanna S. Shetty. RESPONDENT (By Shri Ganapati N. Hegde, Advocate) ***** This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned order of the Principal Senior Civil Judge Court, Gokak, passed in...
State of Karnataka, Represented by Kumarapattanam Police, Haveri Vs. B ...
Court: Karnataka Dharwad
Decided on: Apr-03-2017
(Prayer: This Criminal Appeal is filed U/S 378 (1) and (3) of CR.P.C. seeking to grant special leave to appeal against the judgment and order of acquittal dated 30.11.2013 passed by the II Addl. Sessions Judge, Haveri, sitting at Ranebennnur, in S.C.NO.47/2012, for the offences P/U/S 376 and 506 of IPC and be set aside the judgment and order of acquittal and consequently convict and sentence the respondent/accused for the aforesaid offences. B.S. Patil, J. 1. State of Karnataka represented by Kumarapattnam Police have filed this appeal challenging the judgment of acquittal dated 30.11.2013 passed by the learned II Additional Sessions Judge, Haveri, sitting at Ranebennur in S.C.No.47/2012. 2. Facts involved in the case are that on 20.02.2012, Kavya D/o Devendrappa Sarathi, aged about 15 years filed a complaint before Kumarapattanam police alleging that about 10 to 12 days ago i.e., on 08/02/2012, on a Wdenesday at about 3 p.m., she accompanied one Basappa Hariyappa Horakeri, the accused...
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