Karnataka Court April 2017 Judgments
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S. Nagaraja Vs. Ediwin Barnes
Court: Karnataka
Decided on: Apr-04-2017
(Prayer: This RSA is filed U/s 100 of CPC against the judgment and decree dated 18.01.2016 passed in RA No.103/2013 on the file of the 1st Addl. District Judge, Shivamogga, dismissing the appeal and confirming the judgment and decree dated 10.04.2013 passed in O.S.No.147/2011 on the file of the II Addl. Sr. Civil Judge, Shivamogga.) 1. Heard the learned counsel for the appellant and the respondent. Perused the judgment of the trial Court and the First Appellate Court, and also the copy of the depositions of the respective parties furnished by the appellant s counsel. 2. The brief factual matrix that emanate from the records are that, the plaintiff has filed a suit for recovery of a sum of Rs.5,50,000/- along with interest at 18% pa. The plaintiff has filed a suit on the ground that the defendant, in the month of August 2009 has borrowed a sum of Rs.4,50,000/- precisely on 04.08.2009 at Shivamogga and executed an on demand promissory note agreeing to repay the same along with interest a...
K.S. Javarappa Vs. B. Ramaiah Since Deceased by LRs., and Others
Court: Karnataka
Decided on: Apr-04-2017
(Prayer: This RFA is filed under Order 41 Rule 1 of the code of Civil Procedure read with Section 96 of CPC against the judgment and decree dated 28.07.2005 passed in O.S.No.5747/1997 on the file of the XXIV Additional City Civil Judge, Bangalore (CCH-6), decreeing the suit for declaration and permanent injunction.) 1. The defendant is in appeal assailing the judgment dated 28.07.2005 passed in O.S.No.5747/1997 on the file of XXIV Additional City Civil Judge, Bengaluru city (CCH No.6). 2. The respondents herein are the plaintiffs. Initially, the original plaintiff, B. Ramaiah, filed the suit for the relief of permanent injunction restraining the defendant appellant herein and his agents from interfering with his peaceful possession and enjoyment of site No.3 measuring 54 feet East to West and 30 feet North to South formed in Sy.No.69/6 of Jalahalli village, Yeshwanthapura hobli, Bengaluru North Taluk. Subsequently, the plaintiff filed an application for amendment of plaint to include...
Zahoor Khan and Another Vs. The Principal Secretary to Urban Developme ...
Court: Karnataka Kalaburagi
Decided on: Apr-04-2017
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue writ of certiorari quashing impugned order dated 10.03.2017 in No. KANNADA 2016-17 issued by the respondent No.2 for conducting the elections to T.M.C. Wadi (Jn.) as per Annexure-F, etc.) 1. The petitioners who claim to be voters of Ward No.23 of Wadi (Jn.), Chittapur taluk, Kalaburagi district are before this Court for a writ of certiorari to quash the impugned order dated 10.03.2017 in No. KANNADA 2016/17 issued by the second respondent as per Annexure-F appointing the Election Officer, Assistant Election Officer, MCC Team and Accounts Officer for conducting elections to the Town Municipal Council (for short TMC ), Wadi (Jn.) and also for a writ of mandamus directing the respondents to consider their representations dated 17.12.2016 as per Annexure-C dated 13.03.2017 as per Annexure-G.I. FACTS OF THE CASE 2. It is the case of the petitioners that the first respondent ...
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...
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