Umamaheshwar Shankar Shetti vs Nagaraj Gopal Shetti on 1 July, 2017

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Karnataka High Court

Umamaheshwar Shankar Shetti vs Nagaraj Gopal Shetti on 1 July, 2017

Bench: A. S. Bopanna

                      1


      IN THE HIGH COURT OF KARNATAKA
               DHARWAD BENCH

     DATED THIS THE 01st DAY OF JULY 2017

                   BEFORE

    THE HON'BLE Mr. JUSTICE A. S. BOPANNA

  WRIT PETITION No.110244 OF 2016 [GM-CPC]

BETWEEN:

UMAMAHESHWAR SHANKAR SHETTI
SINCE DECEASED BY LRS.

1a. SITA UMAMAHESHWAR SHETTI
    AGED:82 YEARS
    OCC. HOUSEHOLD WORK
    R/O KAKARMATH, ANKOLA
    TALUK. ANKOLA
    UTTARA KANNADA DISTRICT

1b. SUNIL UMAMAHESHWAR SHETTI
    AGE:56 YEARS OCC. BUSINESS
    R/O KAKARMATH, ANKOLA
    TALUK. ANKOLA
    UTTARA KANNADA DISTRICT

1c. RAVI UMAMAHESHWAR SHETTI
    AGE:51 YEARS, OCC. BUSINESS
    R/O KAKARMATH, ANKOLA
    TALUK. ANKOLA
    UTTARA KANNADA DISTRICT
                        2


1d. VIDYA PRAKASH DESHPANDE
     AGE:60 YEARS, OCC. HOUSEHOLD
     R/O KAKARMATH, ANKOLA
     TALUK. ANKOLA
     UTTARA KANNADA DISTRICT
                                ... PETITIONERS
(By Sri. HAREESH S NAYAK ADV.)

AND:

1.   NAGARAJ GOPAL SHETTI
     AGE:65 YEARS OCC. BUSINESS
     R/O KAKARMATH, ANKOLA
     TALUK. ANKOLA
     UTTARA KANNADA DISTRICT

2.   SAROJINI SHRIPAD SHETTI
     AGE:80 YEARS, OCC. HOUSEHOLD
     R/O BELEGULI, TALUKA ANKOLA
     UTTARA KANNADA DISTRICT

3.   SUMITRABAI NARAYAN SHETTI SINCE
     DECEASED BY LRS.

3a. ANIL NARAYAN SHETTI
    AGE:65 YEARS, BUSINESS
    R/O KAKARMATH, ANKOLA
    TALUK. ANKOLA
    UTTARA KANNADA DISTRICT

3b. SHALINI SHRIPAD SHETTI
    AGE:70 YEARS, HOUSEHOLD WORK
    R/O KAKARMATH, ANKOLA
    TALUK. ANKOLA
    UTTARA KANNADA DISTRICT
                             ... RESPONDENTS
                             3


     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
THIS HON'BLE COURT TO QUASH THE ORDER IN FDP
NO.1/2003 DATED 30.10.2015 PASSED BY THE CIVIL
JUDGE (JR.DN) & JMFC, ANKOLA, PRODUCED
HEREWITH AT ANNEXURE-'E'.

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:

                       ORDER

The petitioner is assailing the order dated 30th October 2015 passed in FDP No.1 of 2003.

2. The order would disclose that the report submitted by the Commissioner has been accepted and the final decree proceedings has been concluded by disposing of the same. The Final Decree Court has also directed that the final decree be drawn in terms of the Commissioner's report.

3. In that view of the matter, if the petitioner is aggrieved with regard to the final decree being drawn in the said proceedings, he has the remedy of appeal. He 4 may avail the remedy of appeal as provided under Section 96 of the Code of Civil Procedure, 1908.

Accordingly, with such liberty, the Writ Petition stands disposed of.

Sd/-

JUDGE RK/-

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