Karnataka High Court
Agricultural Insurance Co. Of India ... vs Yalllappa Dattappa Navalgund on 1 August, 2012
Bench: N.Kumar, H.S.Kempanna
-1-
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 1 S T DAY OF AUGUST, 2012
PRESENT
THE HON'BLE MR. JUSTICE N. KUMAR
AND
THE HON'BLE MR. JUSTICE H. S. KEMPANNA
WRIT APPEAL NOS.30001, 30002-30013,
30014-30020, 30021, 30022-30031, 30089-92
30032-30036, 30037, 30038,30039, 30078-
30082, 30083-30086, 30093-30095, 30096-
30100, 30101-30105, 30107-30109,30110,
30111-30113, 30114-30116,30117-30123,
30194-30202, 30204-30206, 30207-30208,
30229-30245, 30344, 30346, 30347, 30351-
30389, 30390 AND 30400 OF 2012 (GM-RES).
IN W.A.NO.30001/2012 (GM-RES):
BETWEEN:
AGRICULTURAL INSURANCE COMPANY
OF INDIA LTD.,
NO.18, KRUSHI BHAVAN (3RD FLOOR)
HUDSON CIRCLE NRUPATUNGA ROAD
BANGALORE - 560 001.
BY ITS MANAGER.
...APPELLANT
(BY SRI. N.P.VIVEKMEHTA, ADV.,)
-2-
AND:
1. SRI. YALLAPPA DATTAPPA NAVAIGUND
AGE : MAJOR
OCC: AGRICULTURE
R/O. MUGAD
TQ. & DIST. DHARWAD - 581 000.
2. THE MANAGER
KARNATAKA VIKAS GRAMEEN BANK
MUGAD
TQ. & DIST. DHARWAD - 581 000.
...RESPONDENTS
THIS WRIT APPEAL IS FILED UNDER SECTION 4
OF THE KARNATAKA HIGH COURT ACT, 1961,
PRAYING TO SET ASIDE THE JUDAGMENT AND
ORDER OF THE LEARNED SINGLE JUDGE DATED
18.11.2011 PASSED IN W.P.NO.66370/2009 (GM-RES)
AND GRANT THET RELIEF AS PRAYED FOR IN THE
WRIT PETITIONS.
IN W.A NOS. 30002-30013/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
-3-
AND:
1. RATNAPPA S/O. BHIMAPPA MURAKATTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
2. GANGAPPA MALLAPPA SHIGIHALLI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ. & DIST: DHARWAD-581 000.
3. MODINSAB ABDULKHANUSHA MAKANDAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ. & DIST: DHARWAD-581 000.
4. SAVANT RATNAPPA MURAKATTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000..
5. BASAPPA SIDDAPPA HATTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ. & DIST: DHARWAD-581 000.
6. RAMAPPA NINGAPPA SHANWAD,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
7. LAXMIBAI W/O. ASHOK MEDAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
8. DURAGAPPA FAKKIRAPPA BHOVI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
9. SHAKAPPA KINCHAPPA MUDEPPANAVAR
AGE: MAJOR, OCC: AGRICULTURE,
-4-
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
10. BHIMAPPA RATNAPPA MURKATTI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
11. BASAPPA GADIGEPPA SABABHIMAPPA @
KUMBER,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
12. NINGAPPA FAKKIRAPPA DHARWAD,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
13. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK,
MUGAD,
TQ. & DIST: DHARWAD-581 000.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:18/11/2011
PASSED IN W.P.NO.66372-66383/2009 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30014-20/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
-5-
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. JEEVAPPA FAKKIRAPPA BHOVI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
2. KENCHAGOUDA KALLANAGOUDA NIRALKATTI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
3. BHIMSHEN NINGAPPA SHANWAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD-581 000.
4. MADAVVA KAREPPA GAMANGATTI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALKERI,
TQ & DIST: DHARWAD-581 000.
5. SUBHAS MADIVALAPPA MADENNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALKERI,
TQ & DIST: DHARWAD-581 000.
6. SHEDEPPA S/O. GANGAPPA KURGUND
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KARADIGUDDA,
TQ & DIST: DHARWAD-581 000.
7. SHETTAVVA W/O. MALLAPPA KADLEPPANNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
-6-
R/O. AMMINABHAVI,
TQ & DIST: DHARWAD-581 000.
8. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK,
MUGAD,
TQ & DIST: DHARWAD-581 000.
9. THE MANAGER, UCO BANK,
AMMINABHAVI,
TQ & DIST: DHARWAD-581 000.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:18/11/2011
PASSED IN W.P.NO.66384-66390/2009 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NO. 30021/2012 (GM-RES):
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
-7-
1. SRI. SHIVAPA KALLAPPA DANDIN,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD,
TQ. & DIST: DHARWAD-581 000.
2. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK,
MUGAD,
TQ & DIST: DHARWAD-581 000.
... RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:18/12/2011
PASSED IN W.P.NO.66408/2009 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30022-31/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. MALLAPPA BASAVANNEPPA INGALHALLI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
-8-
DIST: DHARWAD.
2. BASAPPA MALLAPPA ANKALI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
3. BASAVANEPPA NADIVALAPPA HATTI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
4. VIRUPAXAPPA RUDRAPPA GANIGER
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
5. SANMUKAPPA RUDRAPPA GANIGER
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
6. SHIVAPPA RUDRAPPA GANIGER
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
7. SHEKARAPPA NINGAPPA DUTARI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
8. RUDRAGOUDA A/F LINGANAGOUDA SALAMANI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TADAHAL, TQ: NAVAGUND,
-9-
DIST: DHARWAD.
9. MALLIKARJUN DYAVAPPA ANKALI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
10. GURUSHANGAPPA BHARAMAPPA ARSHUNAGI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
11. SHANTAVVA DUNDAPPA SOBARAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
12. VEERAPPA DUNDAPPA SOBARAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
13. HUCHASAB BALESAB NADAF
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
14. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK,
BRANCH SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
- 10 -
LEARNED SINGLE JUDGE DATED:18/11/2011
PASSED IN W.P.NO.66920-66929/2009 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30032-30036/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND
1. KARIYAPPA VIRUPAXAPPA SHEELAVANTAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
2. IRAMMA ANDAPPA SHEELAVANTAR,
AGE: MAJOR, M.G. BY KARIYAPPA
VIRUPAXAPPA SHEELAVANTAR,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
3. MALLAPPA NEELAPPA HANAMANNAVAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
- 11 -
4. MALLAPPA NEELAPPA HANAMANNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
5. VEERAPPA VIRUPAXAPPA SHEELAVANTAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
6. BASAPPA SHANTAPPA ALADAKATH,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
7. THE MANAGER,
MALAPRABHA GRAMEENA BANK,
NOW IT IS CALLED AS KARNATAKA GRAMEEN
BANK, R/O.SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:18/11/2011
PASSED IN W.P.NO.66930-66934/2009 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NO. 30037/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
- 12 -
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND
1. MALLAPPA BASAPPA BALAGOND,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. DEVARHUBBLLI,
TQ. & DIST: DHARWAD-581 000.
2. THE MANAGER,
KARNATAKA VIKAS GRAMEENA BANK,
NIGADI BRANCH,
TQ. & DIST: DHARWAD-581 000.
... RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:25/11/2011
PASSED IN W.P.NO.67176/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NO. 30038/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
- 13 -
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND
1. SRI. AMRUT KEDRAPPA JOGILGERI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KADABAGATTI,
TQ. & DIST: DHARWAD.
2. THE MANAGER,
KCC BANK,
ALNAVAR,
TQ. & DIST: DHARWAD.
... RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:25/11/2011
PASSED IN W.P.NO.67234/2009 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NO. 30039/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER. ..APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
- 14 -
AND
1. SRI. VEERANGOUDA
S/O. MALLANGOUDA HALEMANI,
AGE: 72 YEARS, OCC: AGRICULTUR,
R/O. HAROOBALAWADI VILLAGE,
TQ. & DIST: DHARWAD-581 000.
2. SOMANGOUDA
S/O. MALLANGOUDA HALEMANI,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O. HAROOBALAWADI VILLAGE,
TQ. & DIST: DHARWAD-581 000.
3. TAMMANGOUDA
S/O. MALLANGOUDA HALEMANI,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. HAROOBALAWADI VILLAGE,
TQ. & DIST: DHARWAD-581 000.
4. THE MANAGER,
UCO BANK,
AMMINBHAVI BRANCH,
TQ. & DIST: DHARWAD-581 000.
..RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:25/11/2011
PASSED IN W.P.NO.67237/2009 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30078-82/2012 (GM-RES)
- 15 -
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND
1. LINGAPPA S/O. CHANNAPPA LAMBI,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. SHIVALLI, TQ & DIST: DHARWAD.
2. RAMAPPA S/O. CHANNAPPA LAMBI,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O. SHIVALLI, TQ & DIST: DHARWAD.
3. MAHADEVAPPA S/O. CHANNABASAPPA NIRALGI,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. LALAGATTI,
TQ. & DIST: DHARWAD.
4. MAHAVEER S/O. RAMAPPA DGGNIKERI
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O. DEVARHUBBLLI,
TQ & DIST: DHARWAD.
5. ANANTBHAT KRISHNABHAT JOSHI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. DEVARHUBBLLI,
TQ & DIST: DHARWAD.
- 16 -
6. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK,
SHIVALLI BR. & NIGADI BRANCH,
TQ & DIST: DHARWAD.
7. THE MANAGER,
VYAVASAYA SEVA SAHAKARI BANK LTD.,
NIGADI, TQ & DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO, ?
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.61471-61475/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30083-86/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. BASAYYA S/O. PARAVAYYA PUJARI,
AGE: MAJOR. OCC: AGRICULTURE,
- 17 -
R/O. HONNAPUR, TQ. & DIST: DHARWAD.
2. RUDRAPPA S/O. APPANNA KALAJ,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. HONNAPUR, TQ. & DIST: DHARWAD.
3. SHIVANAGOUDA S/O. BALAPPA PATIL,
AGE: MAJOR OCC: AGRICULTURE,
R/O. HONNAPUR, TQ & DIST: DHARWAD.
4. MALLAPPA S/O. PAREPPA JADI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. HONNAPUR, TQ & DIST: DHARWAD.
5. THE KARNATAKA VIKAS GRAMEEN BANK,
BY MANAGER/OFFICER-
IN CHARGE, AT ARAWATAGI,
TQ. & DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.61488-61491/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30089-92/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
- 18 -
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. SHANTAVVA W/O. ARJUNAPPA KULENNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANAVIHONNAPUR,
TQ: & DIST: DHARWAD.
2. SHIVAPPA YASHAVANTAPPA GARAGE,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANAVIHONNAPUR,
TQ: & DIST: DHARWAD.
3. SHANKARAPPA FAKIRAPPA KULENNAVAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANAVIHONNAPUR,
TQ: & DIST: DHARWAD.
4. BASAPPA KARIYAPPA DYAMANAGOUDAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MANSUR,
TQ: & DIST: DHARWAD.
5. IARIYAPPA KALLAPPA WALEKAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANAVIHONNAPUR,
TQ: & DIST: DHARWAD.
6. DURGAPPA KALLAPPA WALEKAR,
AGE: MAJOR, OCC: AGRICULTURE,
R0/O. KANAVIHONNAPUR,
- 19 -
TQ: & DIST: DHARWAD.
7. SHIVAJI DUDAPPA PASALE,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KANAVIHONNAPUR,
TQ: & DIST: DHARWAD.
8. THE VIAJAYA BANK,
MANGUNDI BRANCH,
HOSAYAL NAGAR, HALIYAL ROAD,
TQ: & DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.61492-61495/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30093-95/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
- 20 -
AND:
1. MOHAMADGOUSE S/O. MUKTUMSAB MULLA
AGE:68 YEARS, OCC: AGRICULTURE,
R/O. DEVARHUBBLLI,
TQ & DIST: DHARWAD.
2. IMMAHUSEN S/O. MUKTUMSAB MULLA
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O. DEVARHUBBLLI,
TQ & DIST: DHARWAD.
3. NOORAHAMED S/O. MUKTUMBSAB MULLA
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. DEVARHUBBLLI,
TQ & DIST: DHARWAD.
4. MAHAMMADSHAFI S/O. MUKTUMSAB MULLA
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. DEVARHUBBLLI,
TQ & DIST: DHARWAD.
5. ALLAHABAKSAH S/O. MUKTUMSAB MULLA
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. MURAKATTI,
TQ & DIST: DHARWAD.
6. MUKTUMHUSSEN S/O. MUKTUMSAB MULLA
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. MURAKATTI,
TQ & DIST: DHARWAD.
7. THE MANAGER,
VAVASAY SEVA SHAKARI BANK LTD.,
NIGADI, TQ & DIST: DHARWAD.
- 21 -
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.61532-61534/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30096-100/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. MARIBASAPPA S/O. CHANNABASAPPA
KANANNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHANWAD, TQ: NAVALGUND,
DIST: DHARWAD.
2. SIDDALINGAPPA S/O. CHANNAPPA SAVADI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHANWAD, TQ: NAVALGUND,
DIST: DHARWAD.
- 22 -
3. BASANGOUDA S/O. FAKKIRAGOUDA PATIL
@ CHANNAVEERGOUDAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHANWAD, TQ: NAVALGUND,
DIST: DHARWAD.
4. SHANKARAYYA S/O. LINGAYYA @ NINGAYYA
PUJAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHANWAD, TQ: NAVALGUND,
DIST: DHARWAD.
5. MALLIKARJUNAGOUDA A/F. TAMMANAGOUDA
PATIL @ CHANNAVEERGOUDAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHANWAD, TQ: NAVALGUND,
DIST: DHARWAD.
6. THE MANAGER,
V.S.S BANK NIYAMITA
AT: SHANAWAD, TQ: NAVALGUND,
DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.61596-61600/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
- 23 -
IN W.A NOS. 30101-105/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. SHIVANAND S/O. FAKKIRAPPA SAVANUR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KAMALAPUR,
TQ & DIST: DHARWAD.
2. DEEPAK S/O. VEERANNA INDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MRUTANJAYA NAGAR,
TQ & DIST: DHARWAD.
3. SHIVAYOGI S/O. GURUPADAPPA INDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MRUTANJAYA NAGAR,
TQ & DIST: DHARWAD.
4. JAKKAPPA S/O. CHANNABASAPPA
JAKKAPPANAVAR
@ NANDIGOL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MALAPUR
TQ & DIST: DHARWAD.
- 24 -
5. BASAVARAJ S/O. CHANNABASAPPA
JAKKAPPANAVAR
@ NANDIGOL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MALAPUR
TQ & DIST: DHARWAD.
6. SHIVAYOGI S/O. BHIMAPPA HOSUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KAMALAPUR
TQ & DIST: DHARWAD.
7. BASAVARAJ S/O. BHIMAPPA HOSUR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KAMALAPUR
TQ & DIST: DHARWAD.
8. YAMANAPPA S/O. GANAPATI PAWAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KAMALAPUR
TQ & DIST: DHARWAD.
9. BABU S/O. GANAPATI PAWAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KAMALAPUR
TQ & DIST: DHARWAD.
10. ASHOK S/O. GANAPATI PAWAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KAMALAPUR
TQ & DIST: DHARWAD.
11. THE MANAGER,
VYAVASAYYA SEVA CO-OP. BANK NIYAMITA
R/O. KAMALAPUR
TQ & DIST: DHARWAD. ... RESPONDENTS
- 25 -
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.61741-61745/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30107-109/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. LAXMIBAI W/O. UDAYAKUMAR PATIL
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALKARI, TQ & DIST: DHARWAD.
2. UDAYAKUMAR S/O. LAXMAN NAIK PATIL
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALKARI, TQ & DIST: DHARWAD.
3. SUMITRABAI W/O. LAXMANNAIK PATIL
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALKARI, TQ & DIST: DHARWAD.
- 26 -
4. LAXMANNAIK BABUNAIK PATIL
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALKARI, TQ & DIST: DHARWAD.
5. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK,
AT: MUGAD,
TQ & DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.62143-62145/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NO. 30110/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. IRAPPA S/O. ULAVAPPA KAMATI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KAMALAPUR,
TQ. & DIST: DHARWAD.
- 27 -
2. GANGAVVA KOM IRAPPA KAMATI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KAMALAPUR,
TQ. & DIST: DHARWAD.
3. THE MANAGER,
SYNDICATE BANK, BRANCH NARENDRA,
AT: NARENDRA,
TQ & DIST: DHARWAD.
... RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.62161/2010 (GM-RES) AND GRANT THE
RELIEF AS PRAYED FOR IN THE WRIT PETITIONS.
IN W.A NOS. 30111-113/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. BALAVVA VENKAPPA KUNAKIKOPPA
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. KUMBARKOPPA,
- 28 -
TQ & DIST: DHARWAD.
2. NINGAPPA KASAHAPPA MADAR
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. KUMBARKOPPA,
TQ & DIST: DHARWAD.
3. CHAYAPPA MEDDAPPA MATAGAR
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O. KUMBARKOPPA,
TQ & DIST: DHARWAD.
4. THE MANAGER,
KCC BANK ALNAVAR,
TQ & DIST: DHARWAD.
5. THE MANAGER,
CENTRAL BANK OF INDIA,
AT: ALNAVAR,
TQ & DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.62204-62206/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30114-16/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
- 29 -
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. MAHDEVAPPA SHETTAPPA KILARI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR, ALNAVAR, DHARWAD.
2. GANGAPPA YALLAPPA KADAM
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR, ALNAVAR, DHARWAD.
3. DRAUPATYAYYA YALLAPPA KADAM
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR, ALNAVAR, DHARWAD.
4. THE MANAGER,
KCC BANK,
AT: ALNAVAR,
TQ & DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:08.12.2011 PASSED
IN W.P.NO.62207-62209/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
- 30 -
IN W.A NOS. 30117-123/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. MAHADEVAPPA S/O. GANGAPPA TALWAR,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. RAMPUR, TQ & DIST: DHARWAD.
2. PARAPPA S/O. MALLAPPA VENKATAPUR
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O. NARENDARA, TQ & DIST: DHARWAD.
3. HANUMANTAPPA S/O. CHANNANTHALLAPPA
MORAB,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O. NARENDARA, TQ & DIST: DHARWAD.
4. MUNCHAPPA S/O. KARABASAPPA MADOLLI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR, TQ & DIST: DHARWAD.
5. YELLAPPA S/O. KAREBASAPPA MADOLLI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR, TQ & DIST: DHARWAD.
- 31 -
6. SHIVALINGAPPA S/O. KARABASAPPA MADOLLI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR, TQ & DIST: DHARWAD.
7. YELLAPPA GADIGEPPA PUJAR @
KARIKALLANAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR, TQ & DIST: DHARWAD.
8. MAHARUDRAPPA S/O. SIDDAPPA @
SIDDALINGAPPA DHARWAD
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. LAKAMPUR,
TQ & DIST: DHARWAD.
9. IRAPPA S/O. SIDDAPPA @ SIDDALINGAPPA
DHARWAD
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O. LAKAMPUR,
TQ & DIST: DHARWAD.
10. MAHADEVAPPA S/O. BASAPPA HULLANNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR,
TQ & DIST: DHARWAD.
11. SHIVAPPA S/O. BASAPPA HULLANNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR,
TQ & DIST: DHARWAD.
12. CHANDRAPPA S/O. BASAPPA PUJAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR,
TQ & DIST: DHARWAD.
- 32 -
13. GOVINDAPPA S/O. BASAPPA PUJAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. RAMPUR,
TQ & DIST: DHARWAD.
14. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK LTD.,
BRANCH MUGAD, MUGAD.
TQ & DIST: DHARWAD.
15. THE MANAGER,
SYNDICATE BANK, NARENDRA BRANCH,
AT: NARENDRA,
TQ & DIST: DHARWAD.
16. THE MANAGER,
KCC BANK ALNAVAR BRANCH,
AT: ALNAVAR,
TQ & DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.66974-66980/2009 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30194-202/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
- 33 -
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. SHESHAGIRIRAO S/O. SUBBARAO MUTALIK
DESAI
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O. HIREMALLINGWAD,
TQ & DIST: DHARWAD
2. CHANBASAPPA S/O. KENCHAPPA ANGADI,
AGE: 46 YEARS, OCC AGRICULTURE,
R/O. KALKERI,
TQ & DIST: DHARWAD.
3. NAGAPPA S/O. BABU HUBBALLI
AGE: 29 YEARS, OCC AGRICULTURE
R/O. LAKAMAPUR,
TQ & DIST: DHARWAD.
4. FAKKIRAPPA S/O. BABU HUBBALLI
AGE: MAJOR, OCC AGRICULTURE,
R/O. LAKAMAPUR,
TQ & DIST: DHARWAD.
5. KAREPPA S/O. BASAPPA NIRALAGI,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O. KAMBARGANAVI,
TQ & DIST: DHARWAD.
6. YALLAPPA S/O. BASAPPA NIRALGI,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. KAMBARGANAVI,
- 34 -
TQ & DIST: DHARWAD.
7. USHA W/O. LAJAPATRAY SUKHIJA
AGE: MAJOR, OCC: HOUSEHOLD WORK
R/O. HIREMALLIGAWAD
TQ & DIST: DHARWAD.
8. ANDANAPPA S/O. VEERAPPA HULLER
AGE: 61 YEARS, OCC: ADVOCATE
R/O. DHARWAD
TQ & DIST: DHARWAD.
9. PANCHKSHARI S/O. VIRUPAKSHAPPA LALASANGI
AGE: 61 YEARS, OCC: AGRICULTURE
R/O. NARENDARA
TQ & DIST: DHARWAD.
10. PARAPPA S/O. MALLAPPA VENKATAPUR
AGE: 61 YEARS, OCC: AGRICULTURE
R/O. NARENDARA
TQ & DIST: DHARWAD.
11. SANJAY S/O. ABASAHAB DESAI
AGE: MAJOR, OCC: AGRICULTURE
R/O. NARENDARA
TQ & DIST: DHARWAD.
12. SHIVAPPA S/O. BASAPPA NARASANNAVAR
AGE: 56 YEARS, OCC: AGRICULTURE
R/O. KALKERI,
TQ & DIST: DHARWAD.
13. DYAVAPPA @ DEVEBDRAPPA S/O. SHETAVAPPA
SHATTATTENAVAR, AGE: MAJOR,
OCC: AGRICULTURE
R/O. KALKERI,
- 35 -
TQ & DIST: DHARWAD.
14. SAWANTRAVVA W/O. SHETEVAPPA
SHATTATTENAVAR, AGE: 47 YEARS,
OCC: HOUSEHOLD WORK,
R/O. KALKERI,
TQ & DIST: DHARWAD.
15. FAKKIRAVVA W/O. BASAPPA HANCHINAMANI
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O. RAMPUR,
TQ & DIST: DHARWAD.
16. KAMALAVVA W/O. LAXMAPPA HANCHIMANI
AGE: 36 YEARS,OCC: HOUSEHOLD WORK,
R/O. RAMPUR,
TQ & DIST: DHARWAD.
17. MADIVALPPA S/O. BASAPPA HANCHINAMANI
AGE: 31 YEARS, OCC: AGRICULTURE
R/O. RAMPUR,
TQ & DIST: DHARWAD.
18. GANGAPPA S/O. BASAPPA HANCHIMANI
AGE: 26 YEARS, OCC: AGRICULTURE
R/O. RAMPUR,
TQ & DIST: DHARWAD.
19. RUDRAPPA S/O. BASAPPA NARASANNAVAR
AGE: 51 YEARS, OCC: AGRICULTURE
R/O. KALKERI,
TQ & DIST: DHARWAD.
20. THE MANAGER,
MALAPRABHA GRAMEENA BANK,
BRANCH MUGAD,
- 36 -
TQ & DIST: DHARWAD.
21. THE MANAGER,
UCO BANK,
TQ & DIST: DHARWAD.
22. THE MANAGER,
SYNDICATE BANK, BRANCH NARENDRA,
AT: NARENDRA,
TQ & DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.66981-66989/2009 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30204-206/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. SIDDAPPA S/O. SANGAPPA SHISVANIHALLI
AGE: MAJOR, OCC: AGRICULTURE,
- 37 -
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
2. YALLAPPA SHIDDAPPA KALLIMANI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
3. BASAVARAJ SHIVAPUTRAPPA BIDARALLI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
4. THE MANAGER,
VYAVASAYA SEVA SAHAKARI BANK,
AT: SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
5. THE MANAGER,
KARNATAKA VIKAS GRAMEENA BANK LTD.,
BRANCH SHALAVADI,
SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.66409-66411/2010 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
- 38 -
IN W.A NOS. 30207-208/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. DEVINDRAPPA VEERAPPA VAGGAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
2. GURUSHANTAPPA VEERAPPA VAGGAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: TADAHAL, TQ: NAVALGUND,
DIST: DHARWAD.
3. ARJUN HANUMANTHAPPA BABAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
4. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK LTD.,
BRANCH SHALAVADI,
SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
... RESPONDENTS
- 39 -
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.62210-62211/2010 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NOS. 30229-45/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. KASHIMSAB DODDAGUDSAB KALLIMANI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
2. DEVENDRAPPA JINNAPPA KASAMALGI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
3. DHARANENDRA SHATTEPPA DANDIN
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
4. HANAMANTAPPA KEDRAPPA MEMATANAVAR
AGE: MAJOR, OCC: AGRICULTURE,
- 40 -
R/O. MUGAD, TQ & DIST: DHARWAD.
5. SHANKARAPPA BASAPPA SHANWAD,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
6. ADIVEPPA NINGAPPA SHANWAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
7. BASAVARAJ GOLAPPA KUNDARGI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALAKERI, TQ & DIST: DHARWAD.
8. RAJAPPA DYAMAPPA ANONAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALAKERI, TQ & DIST: DHARWAD.
9. CHANNAPPA BASAPPA SHANAWAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
10. BHARAMAPPA BHIMAPPA MURAKATTI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
11. APPURAYAPPA SHIVAPPA SHANWAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
12. BASANAPPA KENCHAPPA SHIREMANNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
13. AVVAPPA JAYAPPA CHACHADI
AGE: MAJOR, OCC: AGRICULTURE,
- 41 -
R/O. MUGAD, TQ & DIST: DHARWAD.
14. SHIVAPPA BALAPPA KASAMALAGI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
15. BABU S/O. JUMMA KWARMADDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
16. HANUMANTAPPA YALLAPPA MORAB
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
17. RATNAPPA BHIMAPPA MURKATTI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD, TQ & DIST: DHARWAD.
18. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK,
R/O. MUGAD,
TQ & DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.66391-66407/2009 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
- 42 -
IN W.A NO. 30344/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. GADIGEPPA S/O. BASAVANTAPPA KALLED
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALKERI, TQ & DIST: DHARWAD.
2. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK LTD.,
AT: MUGAD VILLAGE,
TQ & DIST: DHARWAD.
... RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.62533/2009 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
- 43 -
IN W.A NO. 30346/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. BALKRISHANA S/O. HANUMANTHA SAGAREKAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. AINAVAR,
TQ & DIST: DHARWAR.
2. THE MANAGER,
K.C.C. BANK LTD.,
AT: ALNAVAR,
DIST: DHARWAD.
... RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.62026/2010 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
- 44 -
IN W.A NO. 30347/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. MALLAPPA S/O. BASAVANTAPPA KALLED
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALKERI,
TQ & DIST: DHARWAD.
2. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK LTD.,
AT: MUGAD VILLAGE,
TQ & DIST: DHARWAD.
... RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.62532/2009 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
- 45 -
IN W.A NOS. 30351-389/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. NINGAPPA RUDRAPPA ANKALI,
AGE: MAJOR OCC: AGRICULTURE
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
2. FAKKIRAPPA LAXMAPPA HADAPAD,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
3. BASAVARAJ LAXMAPPA HADAPAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
4. YALLAPPA LAXMAPPA HADAPAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
5. SHIVARADDI SOMARADDI KIRESUR,
AGE: MAJOR, OCC: AGRICULTURE,
- 46 -
R/O. TUPPADAKURAHATTI,
TQ: NAVALGUND, DIST: DHARWAD.
6. HANAMAREDDI SOMAREDDI KIRESUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TUPPADAKURAHATTI,
TQ: NAVALGUND, DIST: DHARWAD.
7. VEERANGOUDA RUDRAGOUDA
HUCHANAGOUDRA
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
8. GURUSHANTAPPA YALLAPPA MEDIVALAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
9. SHIVABASAPPA YALLAPPA MADIVALAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
10. MANJAPPA YELLAPPA MADIVALAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
11. KAREYAPPA BHARAMAPPA BANNENNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
12. KALLAVA HANMANTHGOUDA TIRAKANGOUDAR
AGE: MAJOR, OCC: AGRICULTURE,
- 47 -
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
13. SHRISALLAPPA VEERAPPA MULGUND
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
14. RAHAMANSAB FAKKIRASAB NADAF
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
15. BASAPPA SHIDLINGAPPA NIDAGUNDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
16. MUDAKAPPA BASAPPA NIDAGUNDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
17. SANGAPPA BASAPPA NIDAGUNDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI,
TQ: NAVALGUND, DIST: DHARWAD.
18. KAREPPA YALLAPPA MORABAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD,
DIST: DHARWAD.
19. HUCHAVVA GURAPPA SHIDDAGIRI
AGE: MINOR, REPTED. BY M/G
SMT. RUDRAWWA W/O. GARAPPA SHIDDAGIRI
- 48 -
OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
20. YALLAVVA GURAPPA SHIDDAGIRI
AGE: MINOR, REPTED. BY M/G
SMT. RUDRAWWA W/O. GARAPPA SHIDDAGIRI
OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
21. GANGAVVA GURAPPA SHIDDAGIRI
AGE: MINOR, REPTED. BY M/G
SMT. RUDRAWWA W/O. GARAPPA SHIDDAGIRI
OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
22. BASAPPA GANGAPPA JOGATI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD. DIST: DHARWAD.
23. NINGAPPA GANGAPPA JOGATI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD. TQ & DIST: DHARWAD.
24. EEGAPPA FAKKIRAPPA HEGGERI @ SANGALAD
AGE: MAJOR, OCC: AGRICULTURE,
R/O. MUGAD. TQ & DIST: DHARWAD.
25. CHANNABASAPPA RANGAPPA KORI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. DATANAL, TQ: NAVALGUND,
- 49 -
DIST: DHARWAD.
26. SHIVALINGAPPA NEELAPPA CHAVHANNAVARA
AGE: MAJOR, OCC: AGRICULTURE,
R/O. DATANAL, TQ: NAVALGUND,
DIST: DHARWAD.
27. MUTTAPPA RAMAPPA CHAVHANNAVARA
AGE: MINOR, REPTED. BY M/G
SMT. GANGAVVA W/O. RUDRAPPA
CHAVHANNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. DATANAL, TQ: NAVALGUND,
DIST: DHARWAD.
28. LAXMAPPA GADIGEPPA UPARAL
AGE: MAJOR, OCC: AGRICULTURE,
R/O. DATANAL, TQ: NAVALGUND,
DIST: DHARWAD.
29. BASAPPA RAYAPPA HUYAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. DATANAL, TQ: NAVALGUND,
DIST: DHARWAD.
30. YALLAPPA SHIDDAPPA GUDISAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. DATANAL, TQ: NAVALGUND,
DIST: DHARWAD.
31. GURUSHANTAPPA BANNAPPA GADDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
- 50 -
DIST: DHARWAD.
32. NEELAVVA W/O. KENCHAPPA KURAHATTI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
33. YALLAPPA KALASAPPA HADAGALI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
34. YALLAPPA SATYAPPA HAGARANNAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
35. YALLAPPA SOMAPPA BARKER
AGE: MAJOR, OCC: AGRICULTURE,
R/O. DATANAL, TQ: NAVALGUND.
DIST: DHARWAD.
36. NINGAPPA CHANNAPPA BASAVARADDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
37. MAHANTAPPA KENCHAPPA KURAHATTI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
38. VISHAWANTH YAKANATH LANDE
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
- 51 -
DIST: DHARWAD.
39. VEERAPPA CHANNAPPA BARIKAI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
40. SHEKAPPA MALLAPPA ANKALI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
41. SHIVAPPA KENCHAPPA NEERALGI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
42. SHRISALLAPPA GADIGEPPA TOTAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. TADAHAL, TQ: NAVALGUND.
DIST: DHARWAD.
43. SHANTAPPA VEERAPPA KAUJEGERI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
44. BASAVARAJ VEERAPPA KUAJAGERI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
DIST: DHARWAD.
45. MAHAMADALISAB FAKKIRASAB NADAF
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND.
- 52 -
DIST: DHARWAD.
46. RAJESAB MAHAMADALISAB NADAF
AGE: MINOR, REPTED. BY M/G.
JULKAKHABI NADAF,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
47. KWAJAMALNUDHIN MAHAMADALISAB NADAF
AGE: MINOR, REPTED. BY M/G.
JULKAKHABI NADAF,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
48. SUDANSAB MAHAMADALISAB NADAF
AGE: MINOR, REPTED. BY M/G.
JULKAKHABI NADAF,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
49. PARVATAGOUDA SHANKARGOUDA SALMANI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
50. BASANAGOUDA SHANKARGOUDA SALMANI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
51. MALLANAGOUDA PARAVATAGOUDA SALMANI
AGE: MINOR, REPTED. BY M/G.
PARVATEVVA SALAMANI,
- 53 -
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
52. SHIVANAGOUDA PARAVATAGOUDA SALMANI
AGE: MINOR, REPTED. BY HIS M/G.
PARVATEVVA SALAMANI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
53. RUDRAGOUDA LINGANGOUDA SALMANI
AGE: MINOR, REPTED. BY M/G.
SHANKARAGOUDA SALAMANI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
54. MALLANAGOUDA SHIVANGOUDA SALMANI
AGE: MINOR, REPTED. BY M/G.
PARVATEVVA SALAMANI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
55. HANUMAPPA BASAPPA MULGUND
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
56. SRISALLAPPA BASAPPA MULGUND
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
- 54 -
57. BASAVANNEPPA VEERAPPA JADI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
58. VEERAPPA GURAPPA NIDAGUNDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
59. GURAPPA BASAPPA NIDAGUNDI
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
60. SHANTAYYA PARAYYA KOOGU
AGE: MAJOR, OCC: AGRICULTURE,
R/O. SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
61. KARIYAPPA SAHNKARAPPA PUJAR @ TALAVAR
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O. RAMPUR,
TQ & DIST: DHARWAD.
62. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK LTD.,
BRANCH SHALAVADI,
AT: SHALAVADI, TQ: NAVALGUND,
DIST: DHARWAD.
63. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK LTD.,
BRANCH MUGAD,
AT: MUGAD, TQ & DIST: DHARWAD.
- 55 -
64. THE MANAGER,
VAVASAYA SEVA SHAKARI BANK DATANAL,
AT POST: DATANAL, TQ: NAVALGUND,
DIST: DHARWAD.
... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.66935-66973/2009 (GM-RES) AND
GRANT THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NO. 30390/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. NINGAPPA S/O. BASAPPA VANKATAPUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KALKERI, TQ. & DIST: DHARWAD.
2. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK LTD.,
AT: MUGAD VILLAGE,
TQ & DIST: DHARWAD. ... RESPONDENTS
- 56 -
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.62466/2009 (GM-RES) AND GRANT
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
IN W.A NO. 30400/2012 (GM-RES)
BETWEEN
AGRICULTURAL INSURANCE CO. OF INDIA LTD.,
NO. 18, KRUSHI BHAVAN (3RD CROSS), HUDSON
CIRCLE NRUPATUNGA ROAD,
BANGALORE-560 001,
BY ITS MANAGER.
...APPELLANT
(By SRI. N P VIVEKMEHTA, ADV.)
AND:
1. BHIMANAGOUDA NEELANGOUDA PATILM
AGE: 72 YEARS, OCC: AGRICULTURE,
R/O. YATTINGUDDA, TQ. & DIST: DHARWAD.
2. THE MANAGER,
UCO BANK, NEAR GRASS MARKET,
DHARWAD.
... RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE JUDGMENT AND ORDER OF
LEARNED SINGLE JUDGE DATED:12/12/2011
PASSED IN W.P.NO.62131/2010 (GM-RES) AND GRANT
- 57 -
THE RELIEF AS PRAYED FOR IN THE WRIT
PETITIONS.
THESE APPEALS COMING ON FOR ORDERS
THIS DAY, N.KUMAR J., DELIVERED THE
FOLLOWING:
JUDGMENT
These appeals are preferred against the order passed by the learned Single Judge dismissing the writ petitions filed challenging the order passed by the Permanent Lok Adalat where relief is granted to the farmers under the Scheme of Group Insurance.
2. In all these cases the question involved is one and the same, therefore, they are taken up for hearing together and disposed of by this common order.
3. The facts in brief:-
- 58 -
The National Agricultural Insurance Scheme (NAIS) or Rashtriya Krishi Bima Yojana (RKBY) was devised by Central Government for the welfare of agriculturists. The object of the Scheme is, to provide insurance coverage and financial support to the farmers in the event of failure of any notified crop as a result of natural calamities/pests/disease and entitling the farmers to stabilize farm income, particularly in disaster years. Under the Scheme, the insurance will cover yield losses due to non-preventable risk. The Scheme is comprehensive with regard to the area coverage, farmers to be covered, the risk, their inclusion, the sum insured, premium rates, the area approached, the nature of coverage and indemnity, procedure for approval and settlement of claims and operational modalities etc., Karnataka State Government
- 59 -
has given its consent for implementation of the Scheme in the State of Karnataka. Therefore, they are fully bound by the terms of the Scheme. Under the Scheme, the petitioner herein - Agricultural Insurance Company of India Limited is appointed as an Implementing Agency to implement the Scheme adhering to the provisions of the Scheme. Under the terms of the Scheme, the risk is to be shared by the implementing agency and the Government in the proportion mentioned in the Scheme. Levels of indemnity and threshold yield are also specified in the Scheme. The threshold yield or guaranteed yield for a crop in an Insurance Unit shall be the moving average based on past three years average yield in case of rice and wheat and five years average yield in case of other crops has multiplied the level of indemnity. If the
- 60 -
actual yield per hectare of the insured crop for the defined area in the insured season falls short of the specific threshold yield, all the insured farmers growing that crop in the defined area are deemed to have suffered the short-fall in the yield. The Scheme seeks to provide coverage such contingency.
4. Indemnity shall be calculated from the following formula:
Shortfall in yield/threshold yield X sum insured for the former.
Shortfall in yield = Threshold Yield - Actual Yield for the defined area.
5. The yield data will be furnished by the Director of Economics and Statistics arrived through regular crop cutting estimation. The
- 61 -
claims under the Scheme will be settled only on the basis of yield data furnished by the Director of Economics and Statistics and not on any other basis such as Annavari, declaration of drought or floods Gazette Notification by any department/authority.
6. In case, the State/UT administration fail to furnish yield data based on requisite number of CCEs' or fail to furnish yield data within stipulated date, the responsibility of such claims, if any arising out of such data will totally rest with the State/UT administration.
7. The respondents in these cases are the owners of the lands, which are situated at different villages in Dharwad Taluk. They raised paddy crop during the year 2004-05 Kharif season. They insured the crop by paying
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premium through the respondent Bank. There was drought in the Taluk. Consequently, yield suffered. Therefore, as they insured the crop, they claimed the loss sustained by them. The said request was not considered. Therefore, they preferred a claim petition before the permanent Lok-adalat claiming insurance amount.
8. The respondents opposed the said claim by filing detailed statement of objections. It is their specific case that the threshold yield for paddy is 64 kgs per hectare and average yield is 661 kgs per hectare. There is no short- fall in the paddy crop in the Kharif season. Therefore, the respondents are not entitled to crop insurance.
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9. The permanent Lok-adalat by its order dated 4.7.2008 directed the appellant herein to pay the sum insured with interest at 6% per annum from the date of petition till realisation. It also awarded compensation of Rs.1,000/- for mental agony and Rs.1,000/- towards loss. Aggrieved by the said order, the appellant preferred writ petition before the learned Single Judge.
10. Learned Single Judge after consideration of the rival contentions held that :-
"11.......except saying in paragraph 10 of the objections about the threshold yield, average yield and shortf all as nil, no document is produced by the petitioner. The contentions of Sri.Mehta that threshold yield per hectare as 64 kg and average yield as 661 kg will not be believed even by a child of ten years
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old, because 1 hectare of land is equal to 2.5 acres. Paddy is grown in an irrigated land and the threshold yield for 2.5 acres of land cannot be 64 kg. Similarly, average yield cannot be 661 kg. If 661kg paddy is hulled as rice, the yield f or 1 hectare of land or 2.5 acres of land would be approximately 3.25 quintals. To grow rice of 3.25 quintals per hectare or 1 quintal per acre, a f armer is expected to spend more than Rs.4,000/- to Rs.5,000/- per acre or Rs.15,000 to Rs.20,000/- per hectare. By spending Rs.15,000/- to 20,000/- per hectare towards cost of cultivation, no f armer would venture to grow paddy to get 661 kg or 3.3 quintals of rice f or the whole year.
Theref ore, it only shows that the petitioner has not approached the permanent lok-adal ath with clean hands. In addition to that, the
intention of the petitioner is only to cause loss to the f armers in not
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honouring the claim of them to get the compensation under the insurance Scheme.
12. When the petitioner who is having documents, has f ailed to produce the same, this Court is of the opinion that the said judgment is not applicable to the f acts of the case, In the circumstances this Court does not see any reasons to interf ere with the orders of the permanent Lok- ad al ath. Accordingly, there are no merits in these petitions"
11. Aggrieved by the said order of the learned Single Judge, the appellant is before this Court.
12. Sri.N.P.Vivek Mehta, learned counsel appearing for the appellant assailing the impugned order passed by the learned Single
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Judge as well as the Permanent Lok-adalath contended that the Implementing Agency has to work under the Scheme. Under the Scheme, the compensation is payable to the farmers, who had insured the crop grown by them and when the insured crop falls short of the threshold yield. What is 'threshold yield' and what is 'Actual Yield' are defined under the Scheme. How indemnity is to be calculated is also provided in the Scheme by setting forth a formula. The shortfall in the yield is arrived at by taking a note of 'threshold yield' and 'actual yield'. If the actual yield is less than the threshold yield, then the farmers will be paid the sum insured as multiplied by the threshold yield. In the instant case, the threshold yield as per the information furnished to the Implementing Agency by the State Government
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with reference to Dharwad Taluk, is 64 kg per hectare. Similarly, the actual yield for the relevant period is 661 kgs per hectare. Therefore, there is no shortfall. Consequently, there is no liability. This aspect has not been properly appreciated by the Permanent Lok- adalath as well as the learned Single Judge and therefore, he submits that the said orders are required to be set aside.
13. As set out above, the threshold yield or guaranteed yield for a crop in an Insurance Unit shall be moving average based on past three years average yield in case of rice and wheat and five years in case of other crops as multiplied by level and indemnity. Actual yield per hectare of the insured crop for the defined area in the insured season, is also calculated by the Director of Economics and Statistics. The
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shortfall in the yield is arrived at by taking into consideration the threshold yield and taking out of the threshold yield, the actual yield with data, if any, which is divided by threshold yield and multiplied by the sum insured for the farmers to indemnify the farmers, who has suffered shortfall in the yield.
14. When claims are made by the farmers, who have insured their crops, such claims under the Scheme, are settled only on the basis of the yield data furnished by the Director of Economics and Statistics, arrived at though regular crop cutting estimation surveys for production estimates and not on any other basis such as Annavari, declaration of drought or floods under Gazette Notification by any department/authority. Therefore, when a claim is made under the Scheme, when it is not
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considered and relief is not granted to the farmers, he has no option except to approach the authorities/forum prescribed under the law for the adjudication of said Scheme. One such forum prescribed is the permanent Lok-adalat. In the nature of things, the farmer can only put forth his claim based on the yield, which he had grown in the previous year and the yield he has grown in the relevant year and claim the insurance amount based on the shortfalls. As it is clear from the Scheme, the said claim is to be settled only on the basis of yield data furnished by the Director of Economics and Statistics arrived at through regular crop estimation surveys for production estimates and not on any other basis such as Annavari, declaration of drought or floods under Gazette Notification by any department/authority. This yield data is in
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the possession of the Implementing Agency. It is not available or easily accessible to the farmers. Therefore, an obligation is cast on Implementing Agency to produce this data before the Lok- adalat, so that based on the data the dispute can be adjudicated.
15. If that data is not produced, even the Lok-adalat will be handicapped in deciding the claim of the claimants. At the same time, the Implementing Agency cannot withhold all the documents and make the adjudicating authority helpless. In such circumstances, the only Course open to the adjudicating authority is to look into the claim made by the farmers and it is the reason to grant the relief as prayed for. In the instant case, the Implementing Agency has produced the data showing the actual yield. They have not produced the data showing the
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threshold yield. But, in the statement of objection filed, they have mentioned what is the threshold yield. It is on that basis, they want to contend, as the actual yield is more than the threshold yield, there is no shortfall in the yield and as such, the farmers have not shortfall loss. The question of indemnification of the payment of money covered under the insurance Scheme would not arise. Such a contention would have been accepted, provided the Implementing Authority has produced the data showing the threshold yield. In the absence of they producing threshold yield, it is not open to them to contend that the actual yield is more than threshold yield.
16. The material on record shows that at the relevant year the Government of Karnataka had declared Dharwad Taluk as a drought hit
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area. By mere such declaration, the farmer is not entitled to the insurance coverage. That declaration shows that there was drought, but in the normal course when there is drought, the yield would be less than when there was no drought. That is precisely the reason why the Scheme says threshold yield or guaranteed yield for a crop in an insurance Unit shall be the moving average based on past three years average yield in case of rice and wheat and five years average in case of other crops has multiplied the level of indemnity. Therefore, if the Implementing Agency, in the background of these facts, want to deny the claim of the farmers, they should produce the data showing the threshold yield or the guaranteed yield calculated by the Director of Economics and Statistics. If that is not produced, their defence
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is not sustainable. Therefore, the learned Single Judge has demonstrated in his order how these figures look ridiculous. The figures given by the Implementing Agency cannot be acted upon. There appears to be no truth in what they are saying and that is the reason why they are trying to withhold from the adjudicating authority or from the Court to deny the just claim of the farmers. Having regard to the amount claimed by the farmers, which is very reasonable, coupled with the action of Implementing Agency, we are satisfied that this is not a case for interference under Article 226 of the Constitution of India, with the well- considered order passed by the learned single Judge. Justice has been done. No case for interference is made out. No merits in these
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appeals. Accordingly, these appeals are dismissed.
SD/-
JUDGE SD/-
JUDGE SA/-