Karnataka High Court
Veenutha W/O Padmaraj Basti vs Smt Phulavati on 6 June, 2011
Bench: N.Kumar, Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 6lH DAY OF JUNE. 2011
PRESENT
THE HON'BLE MR. JUSTICE N. KU MAR
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
RFA.CROB. NO.2/2008
BETWEEN:
VEENUTHA W/O PADMARAJ BASTI
AGE MAJOR, OCC:HOUSEHOLD WORK,
R/O.MAHANTESH NAGAR,
MAL MARUTI EXTENSION,
PLOT NO.1937, NEAR MAL MARUTHI
TEMPLE, BELGAUM.
2. SHRI PADMARAJ S/O. PAYAPPA BAST1
AGE MAJOR, 0CC: MEDICAL PRACTITIONER,
R/O.PLOT NO.1937, M.M. EXTENSION,
NEAR MAL MARUTHI TEMPLE,
BELGAUM.
CROSS-OBJECTORS
(BY SRI.: SACHIN S MAGADUM. ADVOCATE)
AND:
SMT PHULAVATI W,/O.MAONHAR UPADHYE
AGE MAJOR, OCC:HOUSEHOLD WORK,
R/AT.II, MNO. 17,SHIVASHAKTI
PANDASE NAGAR. DOMBIWALI EAST
THANA DISTRICT, BOMBAY.
2. SHRI PRAKASH S/0.YASHWANTH UPADHYE
AGE MAJOR, OCC:BUSINESS, R/AT.BF-IENDIGERI
GALLI, ANAGOL, BELGAUM.
4
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3. KUMAR MAHAVEER S/O.PRAKASH UPADHYE,
AGE MINOR,REP.BY HIS GUARDIAN
NATURAL FATHER DEFENDANT NO.1,
4. KUMAR PRUTHVIRAJ S/O.PRAKASH UPADHYE,
AGE MINOR, REP.BY HIS GUARDIAN
NATURAL FATHER DEFENDANT NO.1,
5. SMT VASANT1 W/O.ANNASAHEB UPADHYE,
AGE MINOR,OCC:HOUSEHOLD WORK,
R/O.MAL ANGOL MAL, IN FRONT
OF METAL INDUSTRIES,
UPADHYE BUILDING, ANAGOL-BELGAUM.
6. SHRI VISHVAJEET ANNASAHEB UPADHYE,
AGE MINOR, OCC:BUSINESS,
R/O.ANOOL, IN FRONT OF METAL INDUSTRIES,
UPADHYE BUILDING, ANAGOL-BELGAUM.
7. SHRI VEERDHAVAL S/O.ANNASAHEB UPADHYE,
AGE MAJOR, OCC:BUSINESS,
R/O.ANGOL, IN FRONT OF METAL INDUSTRIES,
UPADHYE BUILDING, ANAGOL-BELGAUM.
8. VIDYA D/O.ANNASAHEB UPADHYE,
AGE MAJOR, OCC:BUSINESS,
R/O.ANGOL, IN FRONT OF METAL INDUSTRIES,
UPADHYE BUILDING, ANAGOL-BELGAUM.
9. SMT CHAMPABI W/O.YASHAVANT UPADHYE,
AGE MAJOR, OCC:HOUSEHOLD,
RfO.BHENDIGERI GALLI,
ANAGOL, BELGAUM.
10. SMT PRAMILA W/O.GAJAKUMRA UPADHYE,
AGE MAJOR OCC:HOUSEHOLD,
R/O. 32 GOMATESH MANZIL CRAFTS,
UPADHYE BUILDING
ANAGOL EXTENSION, BELGAUM,
II. SMT PUSHPA W/O.MANOHAR UPADHYE,
AGE MAJOR OCC:HOUSEHOLD,
R/O.2007, CHANDREGIRI, MAL MARUTI /
EXTENSION, BELGAUM,
12. SMT VIJAYAMALA W/O.ASHOK UPADHYE,
AGE MAJOR OCC:HOUSEHOLD,
R/O.ANGOL IN FRONT OF
PATIL GALLI,ANAGOL, BELGAUM.
13. SHRI MANOHAR S/O.GANGADE{AR UPADHYE,
AGE MAJOR, OCC:PENSIONER,
R/0.II,NO.17, SHIVASHAKTI,
PENDASE NAGAR, DOMBIWALI(EAST)
THAND D[STRICT42 1201.
14, SHRI MANOHAR S/O. CHANDREPPA UPADHYE,
AGE MAJOR, OCC:BUSINESS,
R/O.2007, CHANDREGIRI,
M.M.EXTENSION, BELGAUM.
15. SHRI SURENDRA S/o. BHUJABALI UPADHYE,
PARTNER OP M/S.YESH WANT METAL
INDUSTRIES, BHAGYA NAGAR,
AGE 74 YEARS, 0CC.: BUSINESS,
R/O.ANGOL, BELGAUM
16. SMT SUCHITRA W/o.PRITHWIRAJ UPADHYE,
PARTNER OF M/S.YESH WANT
RAVI WAR PETH-BELGAUM.
AGE 22 YEARS, OCC:BUSINESS,
R/O.ANGOL, BELGAUM
17. SMTGEETA W/OPRAKASHUPADHYE
PARTNER OF M/S.YESH WANT TRADERS,
PARTNER OF M/S.YESH WANT & CO.,
PARTNER OF M/S.YESH WANT RAJ & CO.,
AGE 48 YEARS, OCC:BUSINESS,
R/0.ANGOL, BELGAUM.
18. SRI PRAKASH S/0.ARJUNRAO BANDAK,
PARTNER OP M/S.YESH WANT TRADERS,
DHARWAD ROAD, BELGAUM,
AGED 48 YEARS, OCC:BUSINESS,
R/0.BASWAN GALLI, HOSUR-BELGAUM.
o)• SRI MANOHAR S / 0 .ARJU NRAC) BANDAK
PARTNER M/S.YESHWANT TRADERS,
DHARWAD ROAD, BELGAUM.
RESPONDENTS
(By Sri.S.N.Patil, Advocate for R-1 to R-8.
Sri.Vittal S.Teli, Advocate for R-10 to 12
Sri.M .M. Path, Advocate for R- 15.
Sri.Rajshekar Burji, Advocate for R-18 & R-19,
R-14. 16. & 17 -- served. R-9 -- deceased)
This RFA Crob. in RFA No.743/2007 is filed u/O 41
R 22 of CPC against the judgment and decree
dt. 14.11.2006 passed in OS No. 12/ 1992 on the file of the
I Addi. Civil Judge (Sr.Dn.) Belgaurn, partly decreeing the
suit for partition and separate possession and the cross-
objector herein prefers this crob. to the extent of refusing
a share in all the properties to the appellants and award
a share to the appellants in all the properties as claimed
in the suit with costs.
This appeal coming on for orders this day, N.Kumar
J., delivered the following:
JUDGMENT
Respondent No.9 is dead and her legal representatives i.e., cross-objectors are already on record. Accordingly the memo dated 06.06.2011 is allowed. Advocate for the cross-objectors is permitted to make necessary entry in the cause title.
2. Respondent No.13 is a formal party and no relief is sought against him. In view of the same, notice to R-13 is dispensed with
3. In the main appeal this Court had already granted 1/7th share to the plaintiff. Cross-objection is filed for the very same relief by the 9th defendant. This cross-objection had been dismissed for non prosecution. Therefore, it could not be disposed of. Now that the appeal is also allowed, granting share to the party, cross-objector prays that in this petition he is also entitled to 1/7th share. For the reasons given in the main appeal the cross-objector is also entitled to 1/7th share, Accordingly, cross objection is allowed.
Sd/
3UDGE
sdI
Vnp* 3UDG