Karnataka High Court
M/S Rf International Developers And ... vs Mr. Vilas S/O Pandurang Bokil on 17 January, 2020
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17th DAY OF JANUARY 2020
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
REGULAR SECOND APPEAL No.100654 of 2018 (EP)
BETWEEN:
1. M/S RF INTERNATIONAL DEVELOPERS
AND BUILDERS
NO.T2 AND T3, III FLOOR RAJENDRA COMPLEX,
KHADEBAZAR, BELAGAVI,
REPRESENTED BY ITS PARTNERS
2. MR.RAJU S/O ISMAIL BEG,
AGE:50 YEARS, OCC:BUSINESS,
R/O "ADARSH ARCADE"
RAMDEV GALLI, BELAGAVI
3. MRS.FAIROZA BEGUM W/O RAJU BEG,
AGE:42 YEARS, OCC:HOUSEWIFE,
R/OADARSH ARCADE" RAMDEV GALLI,
BELAGAVI
.. APPELLANTS
(BY Sri. SHREEVATSA HEGDE AND SRI. SOURABH HEGDE, ADVS.)
AND:
1. MR. VILAS S/O PANDURANG BOKIL
AGE 74 YEARS, OCC:SERVICE,
R/O:202 "JAIDEEP APARTMENT"
KHANAPUR ROAD, TILAKWADI, BELAGAVI
2. MRS.ANNAPOORNA W/O RAMACHANDRA
WANGEKAR, AGE:62 YEARS, OCC:HOUSEWIFE,
R/O:# 189, NARVEKAR GALLI,
SHAHAPUR, BELAGAVI
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3. MR.VISHWANATH W/O RAMACHANDRA WANGEKAR
AGE:42 YEARS, OCC:BUSINESS,
R/O:# 189, NARVEKAR GALLI,
SHAHAPUR, BELAGAVI
4. MR.SAMEER W/O RAMACHANDRA WANGEKAR
AGE:40 YEARS, OCC:BUSINESS,
R/O:# 189, NARVEKAR GALLI,
SHAHAPUR, BELAGAVI
5. SMT.VARSHA W/O PARASHURAM PATIL
AGE:37 YEARS, OCC:HOUSEWIFE,
R/O:PLOT NO.2, "INDRAYANI" TEACHERS COLONY,
VINAYAK NAGAR,
HINDALAGA ROAD, BELAGAVI
6. SMT RUAPLI W/O SUHAS KANGRALKAR
AGE:34 YEARS, OCC:HOUSEWIFE,
R/O PLOT NO.40-41, SAINATH COLONY,
R.V. PAUSAKAR LAYOUT,
BHAGYA NAGAR BELAGAVI
7. SMT.POONAM W/O AJITKUMAR PATIL
AGE:33 YEARS, OCC:HOWSEWIFE,
R/O:#602, BLUE BELL, NYATI MEADOWS,
KALYANI NAGAR, PUNE 411014
8. MR.UDAY S/O MAHADEV NIKKAM
AGE:60 YEARS, OCC:BUSINESS,
R/O JYOTI NAGAR, BEHIND MARKET YARD,
KANGRALI K.H, BELAGAVI
.. RESPONDENTS
(BY SRI. VILAS P. BOKIL, PARTY-IN-PERSON)
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC 1908
AGAINST THE JUDGMENT AND DECREE DATED 5.7.2018
PASSED IN R.A. NO.188/2016 ON THE FILE OF THE X
ADDITIONAL DISTRICT JUDGE, BELAGAVI DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED
29.6.2016 PASSED IN EP NO.56/2003 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI
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DISMISSING THE INTERIM APPLICATION NO.5 FILED UNDER
ORDER 21 RULE 97 OF CPC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellants submits that respondents has taken possession of the suit schedule property on 17.07.2019 and Execution Petition was closed on 15.10.2019 as fully satisfied. In view of the same, this second appeal does not survive for consideration and that the appeal may be dismissed as having become infructuous.
Submission of the learned counsel for the appellants is placed on record.
Accordingly, this second appeal is dismissed as having become infructuous.
Sd/-
JUDGE Kmv