SECOND APPEAL 2946 of 2007 on 26 September 2005

NC: 2025:KHC-D:4296RSA No. 2946 of 2007

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4[TH] DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH -REGULAR SECOND APPEAL NO. 2946 OF 2007 (PAR)BETWEEN: 1. CHIDANANDA S/O. RAMAPPA GOKAVI, AGE: 54 YEARS, OCC: AGRICULTURIST AND EX-SERVICEMAN, 2. NIRVANAPPA S/O. RAMAPPA GOKAVI, AGE: 45 YEARS, OCC: AGRICULTURIST AND MEDICAL PRACTIONER, 3. SMT. GOURAVVA W/O. BHIMAGOWDA PATIL, AGE: 59 YEARS, OCC: HOUSEHOLD, ALL ARE RESIDING AT PARAKANAHATTI VILLAGE, Digitally signed byHUKKERI TALUK, BELGAUM DISTRICT-591107. MOHANKUMAR BSHELAR…APPELLANTS Location: HIGHCOURT OFKARNATAKA(BY SRI. S.N. HATTI, ADVOCATE) DHARWAD BENCHDate: 2025.03.0716:18:45 +0530AND:1. SRI. VITHAL, S/O. RAMAPPA GOKAVI, AGE: 43 YEARS, OCC: AGRICULTURIST, 2. SRI. NIJALINGA, S/O. RAMAPPA GOKAVI, AGE: 53 YEARS, OCC: AGRICULTURIST, BOTH ARE RESIDING AT: PARAKANAHATTI VILLAGE, HUKKERI TALUK, BELGAUM DISTRICT-591107.

3. SRI. ANANDA S/O. RAMAPPA GOKAVI, AGE: 44 YEARS, OCC: BUSINESS, PROP: BASAVA MEDICAL STORES, MALI ALLI, BELGAUM-590002.

4. THE MANAGING DIRECTOR, HIRANYAKESI SAKKARE KHARKHANE NIYAMITHA, SANKESWARA-591313, BELGAUM DISTRICT.

…RESPONDENTS

(BY SRI. S.P. PATIL, ADVOCATE FOR R1;

R2-R4 SERVED AND UNREPRESENTED)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE CIVIL JUDGE (SR.DN) HUKKERI AT HUKKERI IN R.A.NO.80/2005 DATED 25[TH] DAY OF AUGUST 2007 AND ALSO CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE CIVIL JUDGE (JR.DN) AT HUKKERI IN O.S.NO.54/2004 DATED 26.09.2005 AND ALSO ALLOW THE ABOVE SAID APPEAL WITH COST AND ETC.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH