Court : Karnataka Dharwad
(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 filed for the relief of declaration of title and permanent injunction was contested by the defendants and was decreed in part granting limited injunction against unlawful dispossession only vide considered judgment dated 13.03.2009. against the said limited injunction granted in favour of the plaintiff, a regular appeal was filed by the very plaintiff under section 96 before the first appellate court i.e., the court of civil judge (sr.dn.), kudligi, in r.a.no.16/2009. the said appeal had been filed .....
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..... it is also the responsibility of the office to find cut that whether two cases are arising out of the same accident so that both the cases can be placed before the same judge and tried by the same court simultaneously. ..... an explanation was also offered that after the accident the respondent has taken treatment and went to shabarimalai and immediately after coming back he came to know that the police have not at all taken any action on the information given by him on 27/0 2/2006 against ..... in connection with the above said accident the fir si information report has been filed against the respondent-1 ramappa herein making allegations that he drove the bus in a rash and negligent manner. ..... , from khanapar cross, the accident took place between a ksrtc bus bearing its registration no. ..... in the said accident it is an undisputed fact that some of the witnesses have sustained simple injuries and severe injuries. ..... nevertheless, they have stated in the private complaint that the tractor driver was at fault and due to his rash and negligent driving of the tractor the accident happened. .....
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..... , on 06.09.2012, wherein he has stated that the vehicle which caused the accident on that day was bearing reg. ..... he has also stated about the name of this petitioner, who has caused the accident on that particular day. ..... the statement of one manjunath was recorded on 05.09.2012 itself and he has stated that the accident was caused by hanumappa i.e. ..... another witness by name nagaraj, whose statement was also recorded on 05.09.2012 he has also implicated the petitioner herein as the person who has caused the accident. ..... coming back, when they reached near waddinakeri near ranebennur, on guttal read, some persons came on a motor-cycle by riding the same in a rash and negligent manner and dashed against girish and caused the accident. .....
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(prayer: these writ petitions are filed under articles 226 and 227 of the constitution of india, praying to: a) declare that "bye-law no. 14.2(c) joint registrar of co-operative societies, belgaum division, belgaum and bye law no. 14.2(d) the representative of the karnataka milk federation and bye law no. 14.2(e) the representative of the department of animal husbandry and bye law no. 14,2(f) the representative of the national dairy development board"; may be struck down as it ultra-virus the section 2s-a of the karnataka state co-operative societies act, 1959 and also article 243-zh of the constitution of india; b) quash the impugned declaration of list of directors dtd.nil, vide annexure-a so far it relates to inclusion of respondent nos.6 to 9 as the directors of 5th respondent society entitled to cast their vote in the election of the president scheduled to be held on 06.06.2014 issued by the 5th respondent, etc.,) 1. petitioners are the directors of dharwad, haveri, gadag, uttar kannada districts milk union, dharwad. their grievance in these writ petitions is against bye-law of 14.2(c), 14.2(d), 14.2(e) and 14.2(f) of the 5th respondent union, providing for representation in the board, to the joint registrar of co-operative societies, belgaum division, karnataka milk federation, department of animal husbandry and the national dairy development board. petitioners have sought for a declaration to strike down the said bye-laws on the ground that the same are ultra-vires of .....
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(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 5.12 acres in r.s. no. 63 and 75/2 of niralakeri village, badami taluk respectively. the schedule properties include two houses bearing v.p. no 239-a and 239-b. the suit filed for the relief of partition and separate possession claiming share has been allowed by a considered judgment dated 19.07.2005. against the said judgment and decree an appeal came to be filed u/s 96 of cpc in old no.77/2005. the said appeal was withdrawn and transferred to the court of civil judge (sr. dn.) at badami and .....
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(prayer: this criminal appeal is filed under section 372 of code of criminal procedure, praying to allow this appeal; set aside the impugned judgment and order of acquittal of the accused persons passed by the district and sessions judge, gadag in its spl. sc/st cc no. 6/2003 dated 28.10.2010 and thereby convict the accused.) 1. the above said two appeals are clubbed in order to avoid repetition of facts involved in these cases and the common judgment is passed. 2. the appellant who is the complainant in spl. case no. 17/2003 and pw-2 in spl. case no. 6/2003 on the file of the district and sessions judge, gadag challenged the judgments passed by the said court in the above said two cases vide judgments dated 28th day of october 2010. 3. the brief factual matrix of the case are that, on 10.02.2003 according to the appellant in the morning hours at about 5.00 a.m. the appellant - shambulingappa was proceeding to his land to harvest the wheat crop. he was alone going towards his land on that day. while he was passing through the house of the accused no.1 he observed a dog chased him and attempted to bite him. when he was about to beat the said dog with a stick the respondent nos.1 to 4 who are arrayed as accused nos.1 to 4 before the trial court came there and tied the appellant to a telephone pole with the help of rope and abused him with filthy language and assaulted him with hands, stick and rope. it is specifically alleged that ninganagouda iranagouda hiregouder - accused .....
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(prayer: this rsa is filed u/s. 100 of cpc., against the judgement and decree dtd:02-01-2010 passed in r.a.no.41/2005 on the file of the fast track court-i, chikodi, dismissing the appeal, filed against the judgment dtd:05-03-2005 and the decree passed in o.s.no.89/2002 on the file of the civil judge (jr. dn.) and nipani, decreed the suit filed for injunction.) 1. plaintiff of an original suit bearing o.s.no.89/2002 which was pending on the file of the court of civil judge (jr.dn.), nippani, of belgaum district, is before this court as he is aggrieved by the judgment of the first appellate court passed in r.a.no.41/2005 i.e., by the fast track court-i, at chikodi. the respondent herein is the absolute owner of the suit schedule property situated in nippani town of chikodi taluk. plaintiff's father appasaheb was doing business in tobacco and hence he had taken the premises in question on lease from the respondent herein and was paying monthly rent as agreed. plaintiff's father died in the year 1983 and later on plaintiff joined the sugar factory as an engineer in 1985. the case of the plaintiff is that the jural relationship of landlord and tenant still continues inspite of the fact of the death of his father and that he has been doing tobacco business in the schedule property. since the defendant attempted to interfere with his possession as a tenant by putting a lock on the schedule property, he was constrained to file a suit for the relief of permanent injunction. 2. .....
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(prayer: this appeal is filed under section 100 of cpc against the judgment and decree dated 21.12.2009 passed in r.a.no.41/2001 on the file of the prl. civil judge (sr.dn.) gokak, dismissing the appeal, filed against the judgment dated 07.02.2001 and the decree passed in o.s.no.244/1989 on the file of the addl. civil judge (jr.dn.), gokak dismissing the suit filed for actual and vacant possession of suit property.) 1. this appeal is filed by the plaintiff of an original suit bearing o.s.no.244/1989, which was pending on the file of the additional civil judge (jr.dn.), gokak. suit filed for the relief of possession of the encroached portion came to be dismissed by a considered judgment dated 07.02.2001. 2. on the basis of the pleadings of the parties, as many as 9 issues and one additional issue had been framed by the trial court. i) whether plaintiff proves that he is the owner of r.s.no.139/1a measuring 3 acres 17 guntas assessed at 4-50p of gokak? ii) whether plaintiff proves that the suit land marked as abcd in the sketch appended to the plaint forms part of r.s.no.139/1a of gokak? iii) whether plaintiff proves that the defendants have encroached the suit land i.e., abcd area from r.s.no.139/1a? iv) whether plaintiff proves that he is entitled to evict the defendants and recover possession of the suit land i.e., abcd area from r.s.no.139/1a? v) whether plaintiff proves that he is entitled for mesne profits from the defendants for their unauthorised occupation of the said .....
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..... accident in question occurred on 24.11.2006 and the petitioner suffered the following injuries: "1. .....
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(prayer: this writ petition is filed under articles 226 and 227 of the constitution of india praying to direct the respondents 1 and 2 to consider the representations df. 11.12,2006, 4.5.2010 and 5.12.2012 submitted by the petitioner vide annexures-j, l and n respectively.) 1. heard the learned counsel for the petitioner and also the learned government pleader for the respondents 1 to 3. 2. in this writ petition under articles 226 and 227 of the constitution of india, the petitioner has sought for writ of mandamus directing the respondents 1 and 2 to consider the representations dated 11.12.2006, 4.5.2010 and 5.12.2012 vide annexures-t, v and xli' respectively. 3. the case of the petitioner is that he was appointed as junior engineer on daily wage basis on 26.12.1983. his services were regularized by the second respondent by order dated 1 1.8.1997 with effect from 26.12.1993. the first respondent prepared separate seniority list of junior engineers and assistant engineers in the year 1999. thereafter, the first respondent issued notification dated 7.8.2001 and 16.4.2003 clarifying the method of promotion to the post of assistant executive engineer from the post of junior engineer. the first respondent made the rules known as the karnataka municipalities recruitment of (officers and employees) rules 2004. even as per the said rules, the educational qualification prescribed for the appointment to the post of junior engineer is diploma course in civil or electrical engineering. .....
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