Karnataka High Court
Sri Rudrayya S/O Shivayya Mathad vs Sri Basayya Irayya Mathad on 5 March, 2014
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
1
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF MARCH 2014
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA
RSA No.5065/2009 (PAR)
BETWEEN:
SRI.RUDRAYYA S/O SHIVAYYA MATHAD,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O GOSABAL, TAL: GOKAK,
DISTRICT: BELGAUM-01.
... APPELLANT
(BY SRI.SRINAND A.PACHCHAPURE, ADV.)
AND:
1. SRI.BASAYYA IRAYYA MATHAD,
AGE: 90 YEARS, OCC: AGRICULTURE,
SINCE DECEASED BY HIS LRS
1A. SMT.ADIVEVVA W/OI BASAYYA MATHAD,
SINCE DIED
1B. SMT.BASAWWA W/O IRAYYA HIREMATH,
MAJOR, OCC: HOUSEHOLD,
1C. SRI.MALLAYYA S/O BASAYYA MATHAD,
MAJOR, OCC: AGRICULTURE,
1D. SRI.IRAYYA S/O BASAYYA MATHAD,
MAJOR, OCC: AGRICULTURE,
1E. SRI.SATAYYA S/O BASAYYA MATHAD,
MAJOR, OCC: AGRICULTURE,
2
1F. SMT.GANGAWWA W/O ADAVAYYA MATHAD,
MAJOR, OCC: HOUSEHOLD,
R1B TO 1F ARE RESIDENTS OF GOSABAL,
TQ. GOKAK, DIST: BELGAUM.
2. SRI.IRAYYA CHANNABASAYYA MATHAD,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O GOSABAL, TAL: GOKAK,
DISTRICT: BELGAUM -01.
3. SRI.GURAYYA CHANNABASAYYA MATHAD,
AGE: 77 YEARS, OCC: AGRICULTURE,
R/O GOSABAL, TAL: GOKAK,
DISTRICT: BELGAUM -01.
4. SMT.GURATAYAWWA HIREMATH,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O GOSABAL, TAL: GOKAK,
DISTRICT: BELGAUM -01.
5. SMT.GANGAWWA W/O SHIVAYYA MATHAD,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O GOSABAL, TAL: GOKAK,
DISTRICT: BELGAUM -01.
6. SMT.KASHAWWA W/O NINGAYYA HIREMATH,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O KALLIGUDDI, TAL: GOKAK,
DIST: BELGAUM - 01.
7. SMT.MAHADEVI W/O SHIVAPUTRAYYA HIREMATH,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O SULTANPUR, TAL: HUKKERI,
DIST: BELGAUM - 01.
8. SMT.BASAWWA W/O IRAYYA MATHAD,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O PUDAKALKATTI, TAL: GOKAK,
DIST: BELGAUM - 01.
3
... RESPONDENTS
(BY SRI.M.C.MASTIHOLI, ADV. FOR R1C,
R1B, R1D-R1F AND R2 AND R6 SERVED,
R7 AND R8 STANDS DISMISSED)
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 30.09.2008
PASSED IN R.A.NO.09/1994 ON THE FILE OF THE PRL. CIVIL
JUDGE (SR.DN.), GOKAK, DISMISSING THE APPEAL, THE
JUDGMENT AND DECREE DATED 28.01.1994 PASSED IN
O.S.NO.517/1989 ON THE FILEO FHT PRINCIPAL MUNSIFF,
GOKAK FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Counsel for both the parties are present.
2. Appellant Sri.Rudrayya Mathad is personally present and respondent No.1(c) also present.
3. A memo is filed by the appellant Rudrayya Mathad which is signed by appellant's counsel, who has prayed to dismiss the appeal as not pressed and thereby to confirm the judgments of the Courts below.
4. Memo is accepted and the appeal is dismissed.
Sd/-
JUDGE.
MBS/-