Court : Karnataka Dharwad
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc Against The Judgment And Decree Dtd. 12.7.02 Passed In Ra No. 102/89 On The File Of The Prl. District Judge, Dharwad, Dismissing The Appeal And Confirming The Judgment And Decree Dated. 31.3.80 Passed In O.S.No.46/76 On The File Of The Prl. Civil Judge and Jmfc, Dharwad.) 1. This is an appeal by the defendants of an original suit bearing O.S.No.46 / 1976, which was pending on the file of the Court of Civil Judge (Jr.Dn.), Dharwad. 2. Appellants were the defendants in the said suit. Deceased respondent-Shankar was the only plaintiff in the said case. Parties will be referred to as plaintiff and defendants as per their ranking given in the trial Court. 3. Claiming himself to be the son of the deceased 1st defendant - Kallappa through his second wife Venkavva, plaintiff had filed a suit for the relief of partition and separate possession claiming 1 /5th share in all the schedule properties. According to the plaintiff, 1st defendant Ka...
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(Prayer: This RSA is filed U/S. 100 of CPC, against the Judgment and Decree dtd: 23-02-2010 passed in R.A. NO. 190/2009 on the file of the Fast Track Court-II, Dharwad, dismissing the appeal, filed against the Judgment dtd: 21-12-2001 and the decree passed in O.S. No. 652/1999 on the file of the Principal Civil Judge (Jr. Dn.) Hubli, dismissed the suit filed for specific performance of contract, declaration and injunction.) 1. This is a plaintiff's regular second appeal, against the judgment and decree dated 23.02.2010 made in R.A. No. 190/2009 on the file of the Fast Track Court-II, Dhrawad, sitting at Hubballi, confirming the judgment and decree of the trial court dated 21.12.2001 made in O.S.No. 652/1999, on the file of the Principal Civil Judge (Jr.Dn.), Hubballi, dismissing the suit for specific performance, with costs of defendant Nos. 3 to 8. 2. The plaintiff/appellant filed O.S. No. 652/1999 for specific performance of contract contending that the 1st defendant being the absolu...
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(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare that the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 (Karnataka Act No. 27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety and etc;) 1. These petitions are heard and disposed of by this common order. 2. The petitions in WP 65648-680/2011 and WP 64805-868/2011, which are filed challenging the constitutional validity of the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 (Act no. 22/2011), were by an order dated 9.2.2012, directed by a learned single judge to be placed before a division bench “ for disposal, with an intention that one stage of appeal be avoided and having regard to the need for an expeditious decision by this court. 3. The background to the legislation in controversy is stated to be as follows:- The Stat...
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Abdul Nazeer, J. This appeal is directed against the judgment and decree in R.A.No.39/2002 dated 22.12.2009 on the file of the Fast Track Court-II, Dharwad, whereby the judgment and decree in O.S.No.80/1977 dated 25.9.2002 on the file of the Additional Civil Judge (Sr.Dn.) at Hubli has been set aside. The appellants were the defendants in the suit and the respondents were the plaintiffs. For the sake of convenience, the parties are referred to by their respective ranking before the Trial Court. 2. The plaintiffs filed the above suit for partition and separate possession of the suit schedule property. The genealogical tree of the family is as under: Neelappa Havalappa Boli (Dead)Ningappa (Dead) Basavanneppa &nb...
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(Prayer: This criminal petition is filed u/s 482 of Cr.P.C. seeking to set aside the entire criminal proceedings in Spl. Case No.43/2013 for an offence p/u/s 196, 197, 198, 199, 200, 420 of IPC and 3(l)(ix) SC/ST (PA) Act, 1989, pending on the file of the Prl. Dist. and Sessions Judge, Bagalkot, insofar as it relates to the petitioners; and etc.) 1. A case has been registered against these petitioners in Special Case No.43 of 2013 for the offence punishable under Section 196, 197, 198, 199, 200 and 420 of IPC and Section 3(l)(ix) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 pending on the file of Principal District and Sessions Judge, Bagalkot. They have obtained certificate as belonging to Scheduled Tribe community to get Government benefit under "Swarna Bhoomi" scheme. The second respondent has lodged a complaint before jurisdictional police alleging that Adhyaksha of the Karnataka Valmiki Sangha, Mudhol Branch has made a complaint informed that for the...
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(Prayer: This RSA is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 15.02.2013 passed in R.A. No. 267/2011 on the file of the IV ADDL. district and sessions judge, at Belgaum, dismissing the appeal, filed against the judgment and decree dated 30.07.2011 and the decree passed in O.S. No. 78/2007 on the file of the addl. Senior Civil judge, Saundatti, dismissing the suit filed for cancellation of sale deed, specific performance of contract and for consequential relief of permanent injunction.) 1. This is an unsuccessful plaintiffs' regular second appeal against the judgment and decree dated 15.02.2013 made in R.A. No.267/2011 on the file of the IV Addl. District and Sessions Judge, Belgaum, confirming the judgment and decree dated 30.07.2011 made in O.S. No.78/2007 on the file of the Addl. Senior Civil Judge, Saundatti, dismissing the suit of the plaintiffs for specific performance, cancellation of sale deed and consequential relief of perman...
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(Prayer: This WP filed under Articles 226 and 227 of the Constitution of India praying to declare the proviso to Section 3 of the Karnataka Private Medical Establishment Act of 2007, vide Annexure-A as unconstitutional and quash the order dated 19.09.2011 passed by the second respondent vide Annexure-B.) Oral: 1. In this writ petition, the petitioner is challenging the notice dated 19.9.2011 (Annexure-B) issued by respondent No.3 wherein the petitioner has been held to be not qualified to practice medicine, and hence, he is directed to close his medical clinic. 2. The petitioner has also challenged the constitutional validity of the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007. 3. This writ petition is almost similar to W.P.Nos.67132- 67133/2011 which is dismissed today by this Court. 4. Learned counsel appearing for the petitioner submitted that the proviso to Section 3 of the Karnataka Private Medical Establishments Act is unconstitutional as it is c...
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(This RFA is filed u/s 96 of cpc against the judgment and decree dt. 15.10.03 passed in o.s.no.39/90 on the file of the civil judge (sr. dn.), sirsi, dismissing the suit for declaration, partition and possession. this appeal coming on for final hearing this day, the court delivered the following:) 1. Plaintiff of an original suit bearing O.S.No.39/1990, which was pending on the file of the Court of Ci/il Judge (Sr.Dn.), Sirsi has approached this Court by filing an appeal under Section 96 of CPC. Respondents herein were defendants in the vsaid suit. Parties will be referred as plaintiffs and defendants 1 to 7 as per their ranking in the trial Court. 2. Plaintiff had filed a suit for the reliefs of declaration to the effect that he has become the owner to an extent of Vo. share in the suit schedule properties, on the basis of settlement deed executed by Mangesh Rao in favour of his paternal grand mother Ganga Bai on 09.08.1939 and for consequential relief of partition and separate posses...
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(This MFA is filed u/s. 173(1) of the M.V. Act, against the judgment and award dtd:30.07.2013, passed in MVC No.2503/2012 on the file of the VI Addl. Dist. and Sessions Judge, Belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation.) This Miscellaneous First Appeal is filed by the parents of the deceased-Ravindra for enhancement against the judgment and award dated 30.07.2013 made in MVC No. 2503/2012 on the file of the VI Additional District and Sessions Judge, Belagavi awarding Rs.2,82,000/-together with costs and interest at 7% per annum from the date of petition till realisation of the entire amount. 2. The claimants are the parents of the deceased-Ravindra, who on 10.10.2009 at about 23.30 hours when proceeding on motor cycle bearing No.KA- 22/X-3473 on Gokul Road near bus stand Hubli in a moderate speed, met with an accident due to rash and negligent driving by the driver of an unknown auto rickshaw. Thereby the deceased sustained inj...
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(Prayer: This RSA is filed u/s 100 of CPC, against the judgment and decree DTD: 18.11.2013 passed in R.A.No.179/2008 on the file of the senior Civil Judge, Khanapur, dismissing the appeal, filed against the judgment and decree DTD: 04.03.2005 and the decree passed in O.S. No.73/1999 on the file of the PRL Civil Judge (JR. DN.), Kahanapur, dismissing the suit filed for declaration and injunction.) 1. This is an unsuccessful plaintiff's regular second appeal against the judgment and decree dated 18.11.2013 made in R.A. No. 179/2008 on the file of the Senior Civil Judge, Khanapur, confirming the judgment and decree dated 04.03.2005 made in O.S. No. 73/1999 on the file of the principal Civil Judge (Jr.Dn.), Khanapur, dismissing the suit for declaration and injunction. 2. It is the case of the plaintiff that he is the son of 1st defendant. Defendant Nos.2 and 3 are strangers to the plaintiff and plaintiff belongs to Hindu community of Amate Village and defendent Nos.2 and 3 belongs to Musli...
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