Karnataka High Court
Gourang S/O Madhukar Haldipur vs Sri.Niranjan Bhavanishankar on 10 June, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10 T H DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CIVIL REVISION PETITION NO.100063/2019
BETWEEN
GOURANG S/O MADHUKAR HALDIPUR,
AGE:58 YEARS, OCC:BUSINESS,
R/O.11/2, CLUB ROAD,
YAVAGALS BUNGALOW,
DESAI CROSS, HUBBALLI 580029.
...PETITIONER
(BY SRI M.L.VANTI, ADVOCATE)
AND :
1. SRI.NIRANJAN BHAVANISHANKAR HALDIPUR,
AGE:MAJOR, OCC:SERVICE,
R/O:NO.D-5, CHITRAPUR CO-OP HOUSING SOCIETY,
28TH ROAD, TPS III BANDRA (WEST),
MUMBAI 400050
REP BY HIS P.A.HOLDER,
MR.VENKATESH S/O MADHUKAR BELAUGI,
AGE:44 YEARS, OCC:BUSINESS,
R/O KRISHNA BHAVAN, 76 KELUSKAR ROAD,
SOUTH SHIVAJI PARK, MUMBAI 400 028.
2. ATMARAM GANAPATRAO HALDIPUR,
AGE:109 YEARS, OCC:RETIRED PERSON,
R/O:58, WALCHAND TERRACE
TARDEO ROAD, MUMBAI 400034,
RAVINDRA PANDURANG HALDIPUR,
2
3. RAJESH S/O RAVINDRA HALDIRPUR,
AGE:55 YEARS, OCC: CHARTERED ACCOUNTANT,
R/O:FLAT NO.2, 3RD FLOOR,
COSMOS TOWERS, GOKUL NAGAR,
THANE WEST 400601.
4. SMT. NANDINI W/O GANESH NALKUR,
AGE:58 YEARS, OCC:PRIVATE SERVICE,
R/O:FLAT NO.2, 3RD FLOOR,
COSMOS TOWERS, GOKUL NAGAR,
THANE WEST 400601
5. SMT. VINATHA W/O MADHUKAR HALDIPUR,
AGE:83 YEARS, OCC:HOUSEHOLD DUTIES,
R/O:11/2, CLUB ROAD, YAVAGAL BUNGALOW,
DESAI CROSS, HUBBALLI 580029.
6. SRI GOUTAM S/O MADHUKAR HALDIPUR,
AGE:62 YEARS, OCC:BUSINESS,
R/O:11/2, CLUB ROAD, YAVAGAL BUNGALOW,
DESAI CROSS, HUBBALLI 580029.
7. SRI GOURISH W/O MADHUKAR HALDIPUR,
AGE:56 YEARS, OCC:SERVICE,
R/O.11/2, CLUB ROAD, YAVAGAL BUNGALOW,
DESAI CROSS, HUBBALLI 580029.
SMT. SHARADA W/O GURUDAS HALDIPUR,
SINCE DECEASED BY HER LR'S
8. SMT. SUDHA W/O VIVEKANAND KOPPIKAR,
AGE:75 YEARS, OCC:HOUSEHOLD DUTIES,
R/O:7-A/5, FIRST FLOOR,
SONAWALA BUILDING TARDEO,
MUMBAI 400007.
9. SRI VASANT S/O GURUDAS HALDIPUR,
AGE:80 YEARS, OCC:RETIRED,
R/O:C/O VIVEK KOPPIKAR,
R/O.7-A/5, FIRST FLOOR,
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SONAWALA BUILDING TARDEO,
MUMBAI 400007.
10. SRI ANAND S/O GURUDAS HALDIPUR
AGE:70 YEARS, OCC:RETIRED,
R/O.C/O VIVEK KOPPIKAR,
R/O:7-A/5, FIRST FLOOR,
SONAWALA BUILDING TARDEO,
MUMBAI- 400007.
11. SMT. RADHABAI W/O KRISHNA HALDIPUR,
AGE:90 YEARS, OCC:HOUSEHOLD DUTIES,
R/O:C/O SRI A.G.HALDIPUR,
58, WALCHAND TERRACE,
TARDEO ROAD, MUMBAI 400034.
12. SRI MAHESH S/O KRISHNA HALDIPUR,
AGE:60 YEARS, OCC:SERVICE,
R/O.C/O SRI A.G.HALDIPUR,
58, WALCHAND TERRACE,
TARDEO ROAD, MUMBAI 400034.
13. SMT. SUMAN W/O MOHAN HALDIPUR,
AGE:75 YEARS, OCC:HOUSEHOLD DUTIES,
R/O.1-A/7, TALMAKIWADI,
GRANT ROAD, MUMBAI 400007.
14. SMT. CHAYA W/O CHAITANYA HALDIPUR,
AG:70 YEARS, OCC:SERVICE,
R/O:1-58 ULTRA CO-OP HOUSING SOCIETY,
DILEEP GUPTA MARG,
MAHIM, MUMBAI 400016.
15. BALTA INFRA-PROJECTS PVT LTD.,
27, EXAMINER PRESS BUILDING,
3RD FLOOR EAST WING, 35 DALAL STREET,
FORT MUMBAI 400001.
......RESPONDENTS
(RESPONDENT NOS.3, 5, 6, 8 AND 10 ARE-SERVED)
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THIS CIVIL REVISION PETITION IS FILED UNDER
SEC.115 OF CPC, PRAYING TO ALLOW THE REVISION
PETITION AND SET ASIDE THE ORDER DATED 02.03.2019
PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF
JUDICIAL MAGISTRATE, DHARWAD ON I.A. FILED UNDER
SECTION 151 OF CPC IN F.D.P. NO.16/2011, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The learned counsel for the petitioner submits that in view of the disposal of the main matter in F.D.P. No.16/2011 on 11.07.2019, this petition challenging the order passed on interim application in the said F.D.P becomes infractuous. The learned counsel for the petitioner is permitted to file memo to that effect.
In view of the above, petition is dismissed as infractuous, reserving liberty to the revision petitioner to urge the same in the appeal filed challenging the order passed in F.D.P.No.16/2011.
Sd/-
JUDGE CK K