Karnataka High Court
Sri.Deepak Deepak Jadhav vs Shri.Shirdi Sai Sadbhakta Mandali on 28 June, 2023
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NC: 2023:KHC-D:6442
MFA No. 103409 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MRS. JUSTICE M.G.UMA
MISCELLANEOUS FIRST APPEAL NO.103409/2022 (CPC)
BETWEEN:
1. SRI DEEPAK JADHAV,
AGE: 39 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
PRESIDENT, SARVAJANIKA KSHEMABHIRUDDI SAMITHI,
SHOP NO.10, GROUND FLOOR, RAMUNAJA COMPLEX,
STATION ROAD, HUBBALLI.
2. SRI GOVIND PANDURANG MUNAVALLI,
AGE: 36 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
H.NO.49, GANG NIVAS, SHANTHI COLONY NORTH,
VISHWESHWAR NAGAR, HUBBALLI.
...APPELLANTS
(BY SRI ARUN L. NEELOPANT, ADVOCATE)
AND:
1. SHRI SHIRDI SAI SADBHAKTA MANDALI,
MANAGING THE SHRIDI SAI MANDIR,
NEAR HUBBALLI COURT COMPLEX,
Digitally
signed by REPRESENTED BY HONORARY SECRETARY,
VINAYAKA SAI MANDIR, NEAR HUBBALLI COURT COMPLEX,
BV
HUBBALLI.
2. SRI APPASAHEB A.CHAVAN,
AGE: 65 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
PRESIDENT, SHIRDI SAI MANDIR, CHAVAN GARDEN,
GOKUL ROAD, HUBBALLI.
3. SRI GOVIND K.KHODEKAR,
AGE: 64 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
HONORARY SECRETARY, SHIRDI SAI MANDIR,
UDAY NAGAR, BENGERI MAIN ROAD, HUBBALLI.
4. SRI SADANAND L.NIRANJAN
AGE: 60 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
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MFA No. 103409 of 2022
VICE PRESIDENT, SHIRDI SAI MANDIR,
HOUSE NO.52, JAYA NAGAR, VIDYANAGAR,
HUBBALLI.
5. SRI MAHADEV MAASAAL,
AGE: 38 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
ASSISTANT SECRETARY, SHIRDI SAI MANDIR,
DEEPA LADIES TAILOR, MAHALAXMI KRUPA,
#96, KESHWAPUR, KUSUGAL ROAD,
HUBBALLI.
6. SRI.G.S.NAIK,
AGE: 72 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
JOINT SECRETARY, SHIRDI SAI MANDIR,
HOUSE NO.202, 2ND FLOOR,
GEETANJALI HERITAGE,
BEHIND NEW BUS STAND,
HUBBALLI.
7. DR.T.S.MOHAN KUMAR,
AGE: 50 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
TREASURER, SHIRDI SAI MANDIR,
CHANDRAVILLA APARTMENT,
RANAKALPA LAYOUT, SHANTHI NAGAR,
HUBBALLI.
8. SRI VIVEK GABBUR,
AGE: 58 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
MEMBER, SHIRDI SAI MANDIR,
PLOT NO.83,84, SHIVAGANGA LAYOUT,
MADAHUR COLONY, KUSUGAL ROAD,
KESHWAPUR, HUBBALLI.
9. SRI PRAKASH K.PIKALI,
AGE: 53 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
MEMBER, SHIRDI SAI MANDIR,
COURT CIRCLE, P.W.D COMPOUND,
HUBBALLI.
10. SRI.RAMAPPA M.YEDAHALLI,
AGE: 69 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
MEMBER, SHIRDI SAI MANDIR, COURT CIRCLE,
P.W.D COMPOUND, HUBBALLI.
11. SRI NARASINGSA R.RATTAN,
AGE: 58 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
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NC: 2023:KHC-D:6442
MFA No. 103409 of 2022
MEMBER, SHIRDI SAI MANDIR,
COURT CIRCLE, P.W.D COMPOUND,
HUBBALLI.
12. SRI P.N.DHUMADI,
AGE: 53 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
MEMBER, SHIRDI SAI MANDI,
COURT CIRCLE, P.W.D COMPOUND,
HUBBALLI.
13. SRI V.N.DHUMADI,
AGE: 53 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
MEMBER, SHIRDI SAI MANDIR,
COURT CIRCLE, P.W.D COMPOUND,
HUBBALLI.
14. SRI UMESH M.PATIL,
AGE: 63 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
MEMBER, SHIRDI SAI MANDIR,
H.NO.9, MUNICIPAL QUARTERS,
GOKUL ROAD, HOSUR,
HUBBALLI.
15. SRI.B.S.AMBLIMATH,
AGE: 48 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
MEMBER, SHIRDI SAI MANDIR, COURT CIRCLE,
P.W.D.COMPOUND, HUBBALLI.
16. SRI ANIL P. MISKIN,
AGE: 43 YEARS, OCC: BUSINESS AND SOCIAL SERVICE,
MEMBER, SHIRDI SAI MANDIR, COURT CIRCLE,
P.W.D COMPOUND, HUBBALLI.
...RESPONDENTS
(BY SRI T.M. NADAF, SMT. V.VIDYA FOR AAYUSH G. BHAT,
ADVOCATE R1, R3, R5, R6, R7, R9, R11, R12, R13 AND R15;
SRI S.S. NIRANJAN, ADVOCATE FOR R2, R4, R10 AND R16;
R8 AND R14 IS SERVED)
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER
41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DTD
08.11.2019 PASSED IN O.S.NO.4/2018 ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING
AT HUBBALLI AND ETC.
THIS RFA, COMING ON FOR FINAL HEARING, THIS DAY, THE
COURT PASSED THE FOLLOWING:
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NC: 2023:KHC-D:6442
MFA No. 103409 of 2022
ORDER
Learned counsel for the appellants has filed a memo seeking permission to withdraw the appeal with liberty to seek re-hearing of I.A. No. 1 on merits by the trial Court without being influenced by the findings on the impugned order passed on I.A. No. 9 dated 08.11.2019.
Learned counsel for the respondents has no objections for the same.
Memo is placed on record.
Appeal is dismissed as withdrawn with liberty as prayed for in the memo.
The trial Court is directed to consider I.A. No. 1 as a Miscellaneous Petition u/s 92 for the purpose of granting leave to institute the suit after holding an enquiry in accordance with law after giving opportunity to both the parties to address their arguments including opportunity to file objection to the Miscellaneous case. Accordingly, the appeal stands disposed off.
SD/-
JUDGE BVV List No.: 1 Sl No.: 4