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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF NOVEMBER 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

M.F.A.NO.102004/2016

CW

M.F.A.NO.102006/2016

IN M.F.A. NO.102004/2016

BETWEEN

MEGHARAJ S/O AMEECHAND JAIN

AGE: 58 YEARS, OCC: AGRICULTURE

& BUSINESS, R/O: RAMADATTA APARTMENTS

RAMADATTA NAGAR, KESHWAPUR

HUBBALLI, DIST: DHARWAD.

...APPELLANT

(BY SRI. PRASHANT HOSAMANI, ADVOCATE)

AND

1.

KAREWWA W/O KRISHNAPPA PUJAR

AGE: 72 YEARS, OCC: AGRICULTURE &

HOUSEHOLD, R/O: GOKUL, HUBBALLI

DIST: DHARWAD. PIN CODE-580031.

2.

TIPPAVVA W/O KRISHNAPPA PUJAR

AGE: 70 YEARS, OCC: AGRICULTURE &

HOUSEHOLD, R/O: GOKUL, HUBBALLI

DIST: DHARWAD. PIN CODE–580031.

3.

BHEEMAPPA A/S KRISHNAPPA PUJAR

AGE ABOUT: 41 YEARS, OCC: NIL

PERSON OF UNSOUND MIND

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R/O: GOKUL, HUBBALLI, DIST: DHARWAD.

REPRESENTED BY HIS WIFE

SMT.MANJULA W/O BHEEMAPPA PUJAR

AGE: ABOUT 35 YEARS, OCC:HOUSEHOLD WORK

R/O: GOKUL, TQ: HUBBALLI, DIST: DHARWAD

PIN CODE – 580031.

4.

SHANTILAL S/O KANJIBAI DIWANI

@ PATEL, AGE: 48 YEARS, OCC: BUSINESS

R/O: UNKAL, HUBBALLI, DIST: DHARWAD

PIN CODE – 580031.

5.

RAMESH S/O KANJIBAI DIWANI @ PATEL

AGE: 42 YEARS, OCC: BUSINESS

R/O: UNKAL, HUBBALLI, DIST: DHARWAD

PIN CODE - 580031.

6.

CHANDUBAI S/O KANJIBAI DIWANI @ PATEL

AGE: 56 YEARS, OCC: BUSINESS

R/O: UNKAL, HUBBALLI, DIST: DHARWAD

PIN CODE – 580031.

7.

SUBRAYA S/O HARISHANDRA WALKE

AGE: ABOUT 47 YEARS, OCC: BUSINESS

R/O: PLOT NO.20, NEAR 2^ND RAILWAY GATE

BUDA COLONY, TILAKAWADI, BELAGAVI

DIST: BELAGAVI. PIN CODE – 580031.

8.

RAMESH S/O YALGURDRAPPA JOSHI

AGE: 44 YEARS, OCC: BUSINESS

R/O: NO.27, SANMAN COLONY

NEAR MURUDESHWAR CERAMIC

FACTORY, GOKUL ROAD, HUBBALLI

DIST: DHARWAD.

PIN CODE - 580031.

…RESPONDENTS

(BY SRI. SHASHANK HEDGE, ADVOCATE FOR R1 & 2;

SRI. RAVI ITAGI, ADVOCATE FOR R4 TO 6;

SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT,

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SERVICE OF NOTICE TO R7 IS SERVED;

SRI. S.C. JAINAR ADVOCATE FOR C/R-8).

THIS MFA IS FILED U/SEC.104 READ WITH ORDER XLIII

RULE I (R) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO

SET-ASIDE THE COMMON ORDER DATED 18.6.2016 PASSED BY

PRL.SENIOR CIVIL JUDGE AND JMFC, HUBBALLI ON I.A.NO.4 IN

O.S.NO.86/2015 IN THE INTEREST O JUSTICE AND EQUITY.

IN M.F.A. NO.102006/2016

BETWEEN

MEGHARAJ S/O AMEECHAND JAIN

AGE: 56 YEARS, OCC: AGRICULTURE

& BUSINESS, R/O: RAMADATTA APARTMENTS

RAMADATTA NAGAR, KESHWAPUR

HUBBALLI, DIST: DHARWAD-580023.

...APPELLANT

(BY SRI. PRASHANT HOSAMANI, ADVOCATE)

AND

1.

KAREWWA W/O KRISHNAPPA PUJAR

AGE: 71 YEARS, OCC: AGRICULTURE

AND HOUSEHOLD, R/O: GOKUL, HUBBALLI

DIST: DHARWAD-580030.

2.

TIPPAVVA W/O KRISHNAPPA PUJAR

AGE: 69 YEARS, OCC: AGRICULTURE

AND HOUSEHOLD, R/O: GOKUL, HUBBALI

DIST: DHARWAD - 580030.

3.

BHEEMAPPA A/S KRISHNAPPA PUJAR

AGE: ABOUT 40 YEARS, OCC: NIL

PERSON OF UNSOUND MIND,

R/O: GOKUL, HUBBALLI, DIST:DHARWAD

REPRESENTED BY HIS WIFE

SMT. MANJULA W/O BHEEMAPPA PUJAR

AGE ABOUT 34 YEARS, OCC:HOUSEHOLD WORK

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R/O: GOKUL, TQ: HUBBALLI,

DIST: DHARWAD - 580030.

4.

SHANTILAL S/O KANJIBAI DIWANI @ PATEL

AGE: 47 YEARS, OCC:BUSINESS, R/O: UNKAL,

HUBBALLI, DIST: DHARWAD - 580031.

5.

RAMESH S/O KANJIBAI DIWANI @ PATEL

AGE: 41 YEARS, OCC:BUSINESS, R/O: UNKAL,

HUBBALLI, DIST: DHARWAD - 580031.

6.

CHANDUBAI S/O KANJIBAI DIWANI @ PATEL

AGE: 55 YEARS, OCC: BUSINESS, R/O: UNKAL,

HUBBALLI, DIST: DHARWAD - 580031.

7.

SUBRAYA S/O HARISHANDRA WALKE

AGE ABOUT 46 YEARS, OCC: BUSINESS

R/O: PLOT NO.20, NEAR 2^ND RAILWAY GATE

BUDA COLONY, TILAKWADI, BELAGAVI

DIST: BELAGAVI–590006.

8.

RAMESH S/O YALGURDRAPPA JOSHI

AGE: 43 YEARS, OCC: BUSINESS

R/O: NO.27, SANMAN COLONY

NEAR MURUDESHWAR CERAMIC FACTORY

GOKUL ROAD, HUBBALLI

DIST: DHARWAD - 580030.

…RESPONDENTS

(BY SRI. SHASHANK S. HEDGE, ADVOCATE FOR R1 & 2,

SRI. RAVI ITAGI, ADVOCATE FOR R4 TO 6,

SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT,