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2023 Supreme(Online)(KAR) 14951
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NC: 2023:KHC-K:7872
RSA No.200100 of 2020
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K S HEMALEKHA
REGULAR SECOND APPEAL NO.200100/2020 (PAR)
BETWEEN:
1.
KUMARSINGH
S/O UDAYSINGH THAKUR
AGE: 63 YEARS, OCC: BUSINESS
2.
ARAVINDSINGH
S/O UDAYSINGH THAKUR
AGE: 61 YEARS, OCC: BUSINESS
3.
KIRANSINGH
S/O UDAYSINGH THAKUR
AGE: 61 YEARS, OCC: BUSINESS
ALL ARE PRESENTLY
R/O: MAHAVEER ROAD
RAJENDRA AUTOMOBILES
VIJAYAPUR-586101
…APPELANTS
(BY SRI D. P. AMBEKAR, ADVOCATE)
AND:
1.
BHAGATSINGH
S/O RATANSINGH THAKUR
AGE: 74 YEARS, OCC: BUSINESS
R/O: RAJPUT GALLI, JUMMA MASJID ROAD
VIJAYAPUR-586101
Digitally signed
by SHYAMALA
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC-K:7872
RSA No.200100 of 2020
2.
MOHANSINGH
S/O RATANSINGH THAKUR
SINCE DECEASED BY LRS:
A)
RAVINDRA
S/O MOHANSINGH THAKUR
AGED ABOUT: 45 YEARS
OCC: ELECTRICIAN
B)
MAHENDRA
S/O MOHANSINGH THAKUR
AGED ABOUT: 42 YEARS
OCC: MOTOR CYCLE MECHANIC
C) HARISH
S/O MOHANSINGH THAKUR
AGED ABOUT: 40 YEARS
OCC: MOTOR CYCLE MECHANIC
ALL ARE R/O RAJPUT GALLI
JUMMA MASJID ROAD
VIJAYAPUR-586 101
3.
SHAMSINGH
S/O RATANSINGH THAKUR
AGE: 67 YEARS, OCC: BUSINESS
R/O: RAJPUT GALLI
JUMMA MASJID ROAD
VIJAYAPUR-586 101
4.
ANJANABAI
W/O AJAYSINGH THAKUR
AGE: 71 YEARS
OCC: HOUSEHOLD WORK
R/O: RAJPUT GALLI
JUMMA MASJID ROAD
VIJAYAPUR-586 101
5.
KAMALABAI
W/O UDAYSINGH THAKUR
AGE: 83 YEARS
OCC: HOUSEHOLD WORK
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NC: 2023:KHC-K:7872
RSA No.200100 of 2020
R/O: MAHAVEER ROAD
RAJENDRA AUTOMOBILES
VIJAYAPUR-586 101
6.
ARUNA W/O SATISHSINGH THAKUR
AGE: 67 YEARS, OCC: HOUSEHOLD WORK
R/O: THAKUR HOUSE, B-55, GADI-TAL.
INDIRA HEIGHTS, HADAPSAR
PUNE (MAHARASHTRA)-411028
7.
JAYASHREE
W/O BALSINGH RAJPUT
AGE: 69 YEARS, OCC: HOUSEHOLD WORK
R/O: PRATHANA BUNGALOW
VISHRAMBAAG, MANE CHOWK
100 FT. ROAD, SANGLI-416415
8.
MADHURI
W/O PRALHADSINGH HAJERI
AGE: 45 YEARS, OCC: HOUSEHOLD WORK
R/O: RAJPUT GALLI
NEAR BHAVANI TEMPLE, TALIKOTI
TQ: MUDDEBIHAL
VIJAYAPUR-586214
…RESPONDENTS
(BY SRI R. S. SIDHAPURKAR, ADV. FOR R1, R2(A) TO R2(C)
AND R3;
SRI SANGANABASAVA B. PATIL, ADV. FOR R4;
SMT. SYEDA MADINUNISSA, ADV. FOR R6 TO R8;
NOTICE TO R5 SERVED)
THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW
THIS APPEAL AND SET-ASIDE THE IMPUGNED JUDGMENT AND
FINAL DECREE DATED 18.12.2019, PASSED BY THE IV
ADDITIONAL DISTRICT JUDGE, VIJAYAPUR DISMISSING R.A.
NO.125/2018 AND CONFIRMING THE ORDER AND FINAL
DECREE DATED 24.08.2018 PASSED BY THE I ADDITIONAL
SENIOR CIVIL JUDGE, VIJAYAPURA, IN FDP NO.7/2010.
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NC: 2023:KHC-K:7872
RSA No.200100 of 2020
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
Learned counsel for the appellants has filed a memo
for withdrawal of the present appeal.
The memo reads as under:
"MEMO FOR WITHDRAWAL OF RSA WITH
LIBERTY
"Herein, the Appellants respectfully submit as
under:
That the
Appellants
submit
that the
property CTS. No 876.877/A. and 877/B of ward
No III of Vijaypur city which are involved in this
matter were of the ownership of CMC Vijaypur
and as such the same was held by the
forefathers of the Appellants only as lessees
having purchased only the leasehold rights.
The
said
lease
period
expired
on
31.01.1986. Thus, the CMC Vijaypur is the
holder of the property and only the Appellants
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herein were in occupation of the same. The
Appellants herein have purchased the said
property from CMC under a registered sale deed
which was later unilaterally and behind the back
of the Appellants illegally cancelled by the CMC.
This
cancellation
was
challenged
by
the
Appellants herein in OS No 386/2015, OS No
384/2019 and OS No 385/2015 which were
dismissed
by
the
Principal
Civil
Judge,
Vijayapura, vide judgement and decree dated
26.09.2019 and presently three appeals in RA
No 137/2019, RA No 139/2019 and RA No
140/2019 are pending before the very same
FDP Court, ie, the Ist Addl Senior Civil Judge,
Vijayapura.
The said three appeals were posted for
final arguments on 31.08.2023 when Resp No 3
therein Mohan Singh (respondent No 2 in this
RSA) was reported dead. Hence presently, the
matter is posted for steps to Resp No 3(a). It is
apparent that the Respondent No 3(a) is
avoiding the service of notice in the said RAs.
Hence, intimation of the said RAs are given to
the counsel for Respondents No 2(a) to 2(c)
herein to make arrangements appear in the said
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No 137/2019, RA No 139/2019 and RA No
140/2019 on file of the 1st Addl Senior Civil
Judge, Vijayapura, on the next date hearing.
In view of the same, the Appellants,
hereby withdraw this RSA, without prejudice to
agitate their right and title over the said CTS.
No 876, 877/A. and 877/B of Ward No III of
Vijaypur city, in the pending RA No 137/2019
and RA No 139/2019 and RA No 140/2019 on
file
of
the
Ist
Addl
Senior
Civil
Judge,
Vijayapura, in the interest of justice and equity."
In view of the submission and memo filed, the appeal
is dismissed as withdrawn with liberty as stated in the
memo, if permitted, in accordance with law.
In view of disposal of main appeal, I.A.No.1/2021
does not survive for consideration. Accordingly, same
stands disposed of.
Sd/-
JUDGE
RSP
List No.: 1 Sl No.: 39
