Karnataka High Court
Gourang S/O. Madhukar Haldipur vs Sri.Niranjan Bhavanishankar Haldipur on 1 March, 2023
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RFA No. 100012 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO.100012 OF 2020
BETWEEN:
GOURANG
S/O. MADHUKAR HALDIPUR,
AGE: 58 YEARS, OCC: SERVICE,
R/O: 11/2, CLUB ROAD,
YAVAGAL BUNGALOW,
DESAI CROSS,
HUBBALLI - 580029.
...APPELLANT
(BY SRI. V M SHEELVANT, ADVOCATE)
AND:
1. SRI.NIRANJAN BHAVANISHANKAR HALDIPUR,
AGE: MAJOR, OCC: SERVICE,
R/O: NO.D-5 CHITRAPUR CO-OP
HOUSING SOCIETY, 28TH ROAD,
Digitally
signed by
ROHAN TPS III BANDRA (WEST),
ROHAN HADIMANI
HADIMANI T
T Date: MUMBAI 400050 REP BY HIS P.A.
2023.03.04
09:12:05 -
0800 HOLDER, MR. VENKATESH
S/O. MADHUKAR BELAUGI,
AGE: 44 YEARS, OCC: BUSINESS,
R/O: "KRISHNA BHAVAN",
76 KELUSKAR ROAD, SOUTH
SHIVAJI PARK, MUMBAI 400028.
ATMARAM GANAPATRAO HALDIPUR,
(SINCE THE RESPONDENT NO.2 IS
DEAD AND NO STEPS ARE TAKEN
TO BRING HIS LRS ON RECORD
AND THE FDP STANDS ABATED AS
AGAINST THE RESPONDENT NO.2)
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RFA No. 100012 of 2020
2. RAVINDRA PANDURANG HALDIPUR
SINCE DECEASED BY HIS LRS.,
RAJESH
S/O RAVINDRA HALDIPUR,
AGE: 55 YEARS,
OCC: CHARTERED ACCOUNTANT,
R/O: FLAT NO. 2, 3RD FLOOR,
COSMOS TOWERS, GOKUL NAGAR,
THANE WEST 400601
3. SMT. NANDINI
W/O GANESH NALKUR,
AGE: 58 YEARS,
OCC: PRIVATE SERVICE,
R/O: FLAT NO. 2, 3RD FLOOR,
COSMOS TOWERS,
GOKUL NAGAR,
THANE WEST 400601
4. SMT. VINATHA,
W/O MADHUKAR HALDIPUR,
AGE: 83 YEARS,
OCC: HOUSEHOLD DUTIES,
R/O: 11/2, CLUB ROAD, YAVAGAL
BUNGALOW, DESAI CROSS,
HUBBALLI - 580029.
5. SRI. GOUTAM
S/O MADHUKAR HALDIPUR,
AGE: 62 YEARS,
OCC: BUSINESS,
R/O: 11/2, CLUB ROAD, YAVAGAL
BUNGALOW, DESAI CROSS,
HUBBALLI - 580029.
6. SRI. GOURISH
S/O. MADHUKAR HALDIPUR,
AGE: 56 YEARS,
OCC: SERVICE,
R/O: 11/2, CLUB ROAD, YAVAGAL
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RFA No. 100012 of 2020
BUNGALOW, DESAI CROSS,
HUBBALLI - 580029.
7. SMT. SHARADA
W/O GURUDAS HALDIPUR
SINCE DECEASED BY HER LRS.,
SMT. SUDHA W/O VIVEKANAND
KOPPIKAR,
AGE: 75 YEARS,
OCC: HOUSEHOLD DUTIES,
R/O: 7-A/5, FIRST FLOOR,
SONAWALA BUILDING TARDEO,
MUMBAI 400007.
8. SRI. VASANT
S/O GURUDAS HALDIPUR,
AGE: 80 YEARS,
OCC: RETIRED,
R/O: C/O VIVEK. S. KOPPIKAR,
R/O: 7-A/5, FIRST FLOOR,
SONAWALA BUILDING TARDEO,
MUMBAI 400007.
9. SRI. ANAND
S/O GURUDAS HALDIPUR,
AGE: 70 YEARS,
OCC: RETIRED,
R/O: C/O VIVEK. S. KOPPIKAR,
R/O: 7-A/5, FIRST FLOOR,
SONAWALA BUILDING TARDEO,
MUMBAI 400007.
10. SMT. RADHABAI
W/O KRISHNA HALDIPUR,
AGE: 90 YEARS,
OCC: HOUSEHOLD DUTIES,
R/O: C/O SRI. A.G. HALDIPUR,
58, WALCHAND TERRACE,
TARDEO ROAD,
MUMBAI 400034.
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RFA No. 100012 of 2020
11. SRI. MAHESH
S/O KRISHNA HALDIPUR,
AGE: 60 YEARS,
OCC: SERVICE,
R/O: C/O SRI. A.G. HALDIPUR,
58, WALCHAND TERRACE,
TARDEO ROAD,
MUMBAI 400034.
12. SMT. SUMAN
W/O MOHAN HALDIPUR,
AGE: 75 YEARS,
OCC: HOUSEHOLD DUTIES,
R/O: 1-A/7, TALMAKIWADI,
GRANT ROAD, MUMBAI 400007.
13. SMT. CHAYA
W/O CHAITANYA HALDIPUR,
AGE: 70 YEARS,
OCC: SERVICE,
R/O: 1-58 ULTRA CO-OP HOUSING
SOCIETY, DILEEP GUPTA MARG,
MAHIM, MUMBAI 400016
14. BALTA INFRA-PROJECTS PVT. LTD.,
27, EXAMINER PRESS BUILDING
3RD FLOOR EAST WING 35,
DALAL STREET, FORT,
MUMBAI - 400001.
...RESPONDENTS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC., PRAYING TO CALL FOR THE RECORDS,
ALLOW THE APPEAL AND SET ASIDE THE DECREE DATED
11.07.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE
AND CHIEF JUDICIAL MAGISTRATE, DHARWAD IN FDP NO.
16/2011, AND THE FDP BE DISMISSED AS NOT
MAINTAINABLE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RFA No. 100012 of 2020
ORDER
The learned counsel for the appellant submits that the appeal is not maintainable for want of pecuniary jurisdiction and that the appeal may be disposed of as withdrawn with liberty to present the same before the Court having jurisdiction. The submission is placed on record.
The appeal is disposed of as withdrawn. The appellant is permitted to present the appeal before the Court having jurisdiction.
Registry to return appeal papers, certified copy of the impugned judgment and decree and other papers to the appellant, after retaining photocopies of the same.
Sd/-
JUDGE KMS List No.: 1 Sl No.: 20