Court : Karnataka Dharwad
Reported in : 2012(3)KCCR2395
(Prayer: This Regular Second Appeal is filed under Section 100 OF CPC, against the judgement and decree dated 30.06.2006 passed in RA.NO.30/2005 on the file of the Additional Civil Judge (SR. DN.), Bellary, allowing the appeal and setting aside the judgement and decree dated 18.01.2005 passed in OS.NO.562/2003 on the file of The III Additional Civil Judge (JR. DN.), Bellary.) 1. Second appeal by the first defendant in OS No.562 of 2003, on the file of the Additional Civil Judge (Jr Dn), Bellary, who, along with co-defendant - second defendant and mother of three plaintiffs in the suit - though was successful in defending the suit for declaration of title and consequential recovery of possession of the suit schedule property - an agricultural land measuring 2.79 acres comprised in Sy. No.179B of D Kaggal village, Bellary taluk, as the learned judge of the trial court dismissed the suit on the premise that the plaintiffs have failed to prove their title to the property as absolute owners...
Tag this Judgment!Court : Karnataka Dharwad
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...
Tag this Judgment!Court : Karnataka Dharwad
Reported in : 2011ILR(Kar)760
Plaintiff is in appeal questioning the correctness and legality of the judgment and decree passed in R.A.No.45/2009 by the III Additional District Judge, Dharwad dated 31/08/2010. The parties are referred to as per their rank before the Trial Court. 2. Brief facts of the case leading to filing of this appeal are as under: Appellant instituted a suit in O.S.No.150/2008 on the file of III Additional Civil Judge (Sr.Dn.) Dharwad for the relief of declaration and consequential relief of perpetual injunction in respect of suit property. It was contended, in the suit that plaintiff has become absolute owner in possession of suit property on the strength of an unregistered sale deed executed by the father of the defendant namely late Sri. Anantappa Mahadevappa Mulagund on 05.09.1971 and when the plaintiff sought for change of his name in the revenue records pursuant to earlier representation which had not been done by the Tahsildar inspite of representation given, Tahasildar gave the endorsem...
Tag this Judgment!Court : Karnataka Dharwad
Reported in : 2008(5)KCCR3593(DB)
1. Being aggrieved by the judgment of acquittal dated 28.2.2003 passed by the Fast Track Court, Dharwad, in S.C.No.137/2001, acquitting the accused for the offences under Sections 498-A, 304-B and 306 r/w 34 IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act ('the Act' for short), present appeal Is filed by the State.2. The brief facts giving rise to the present case, as per the prosecution story are, as follows:Accused No.3 Is the son of Accused No.l and 2. Deceased Manjavva, daughter of PWs.15 and 16 Smt.Kashawa and Ssdeppa Kariyappa Madar, was married to accused Mo.3 on S.4.2000. According to the prosecution, at the time of marriage talks, there was demand of dowry both In the form of cash as well as gold ornaments and after negotiations, the accused agreed to accept cash of Rs.5,000/- and gold weighing 2-1/2 tholas. It is the case of the prosecution that though initially, the relationship between the deceased and her husband and in-laws was cordial, later on they started ill-...
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