SECOND APPEAL 5117 of 2008 on 29 March 1995

MOHANKUMAR

B SHELAR

Digitally signed byMOHANKUMAR BSHELARLocation: HIGHCOURT OFKARNATAKADHARWAD BENCH

RSA No. 5117 of 2008

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1[ST] DAY OF APRIL, 2025

BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH -REGULAR SECOND APPEAL NO. 5117 OF 2008 (DEC/INJ)

BETWEEN:

SIDDAPPA SIDRAMAPPA BADAWADAGI,

AGE: 80 YEARS, OCC: RETIRED TEACHER, R/O. BAGALKOT.

…APPELLANT

(BY SRI. P.H. GOTKHINDI, ADVOCATE)

AND:

1. GOPAL KEDARNATH PESALE @ PATIL,

SINCE DECEASED BY HIS LRS

1(A)MAITRABAI GOPAL PISALE @ PATIL, AGED ABOUT 60 YEARS, AGED ABOUT 60 YEARS, OCC: HOUSEHOLD WORK, R/O. 97-E, G OLD PINCH PETH, SHOLAPUR-413007. SHOLAPUR-413007.

1(B)VIJAYA GOPAL PATIL @ PISALE, AGED 45 YEARS, OCC: BUSINESS, R/O. 97-E, G OLD PINCH PETH, SHOLAPUR-413007. AGED 45 YEARS, OCC: BUSINESS, R/O. 97-E, G OLD PINCH PETH, SHOLAPUR-413007.

1(C)RANAJEET GOPAL PATIL @ PISALE, AGED 38 YEARS, OCC: SERVICE, R/O. 97-E, G OLD PINCH PETH, SHOLAPUR-413007. AGED 38 YEARS, OCC: SERVICE, R/O. 97-E, G OLD PINCH PETH, SHOLAPUR-413007.

2. GAJANAN S/O. KEDARNATH PISALE @ PATIL, AGE: MAJOR BY HIS POWER OF ATTORNEY HOLDER, PIRAJI RAHOBA WADAKAR, AGE: MAJOR OCC: SERVICE, R/O. BAGALKOT-587101. R/O. BAGALKOT-587101.

3. SAROJINI W/O. JOTIBA JADHAV,

AGE: MAJOR, OCC: HOUSEHOLD WORK,

R/O. BAGALKOT-587101.

4. KAVITA D/O. JOTIBA JADHAV,

5. SUNITA D/O. JOTIBA JADHAV,

6. SUDHA D/O. JOTIBA JADHAV,

(SINCE MINORS REPRESENTED BY THEIR

MINOR GUARDIAN

SAROJINI JOTIBA JADHAV,

R/O. BAGALKOT-587101)

7. PRAMILA PANDURANG PAWAR, AGED 35 YEARS, OCC: HOUSEHOLD WORK, AGED 35 YEARS, OCC: HOUSEHOLD WORK, R/O. PANDHARAPUR, DIST: SHOLAPUR-413007.

8. ANILKUMAR KEDARNATH PISALE, AGE: 30 YEARS, OCC: BUSINESS, R/O. 97-E GOLD PINCH PETH, SHOLAPUR-413007. AGE: 30 YEARS, OCC: BUSINESS, R/O. 97-E GOLD PINCH PETH, SHOLAPUR-413007.

…RESPONDENTS

(BY SRI. P.A. KULKARNI, ADVOCATE FOR R1(A-C), R2 & R3; NOTICE TO R7 & R8 IS HELD SUFFICIENT) NOTICE TO R7 & R8 IS HELD SUFFICIENT)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO CALL FOR RECORDS ON THE FILE OF THE COURT OF PRINCIPAL CIVIL JUDGE (SR.DN.) BAGALKOT IN R.A.NO.59 OF 95 AND ALSO IN O.S.NO.6/90 ON THE FILE OF COURT OF PRINCIPAL MUNSIFF BAGALKOT AND ON PERUSUAL OF THE SAME BE PLEASED TO SET ASIDE THE JUDGMENT AND DECREE DATED 06-06-08, AND 29.3.1995 RESPECTIVELY IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

NC: 2025:KHC-D:5799

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