Orient Cement Ltd. vs Sri Mallikarjun And Ors
2021 Latest Caselaw 3269 Kant

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 31ST DAY OF AUGUST 2021

                           BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

       REGULAR FIRST APPEAL No.200136/2019

BETWEEN:

ORIENT CEMENT LTD.,
REPRESENTED BY
GENERAL MANAGER (LIAISON)
SHIVANAND PATIL
S/O LATE DHANVANTH PATIL
POST: ITTAGA VILLAGE
TQ. CHITTAPUR
DIST. KALABURAGI-585292
                                            ... APPELLANT

(BY SRI SHIVALING N. PADSHETTY, ADVOCATE)

AND:

1.     SRI MALLIKARJUN S/O SABANNA DIGGI
       AGE: 30 YEARS, OCC: AGRICULTURE
       R/O ITAGA VILLAGE, TQ. CHITTAPUR
       DIST. KALABURAGI-585292

2.     SMT. GEETA W/O NAGAPPA GOLEDAR
       D/O SABANNA DIGGI
       AGE: 28 YEARS, OCC: HOUSE HOLD
       R/O KHAJA COLONY, JEWARGI
       TQ. JEWARGI, DIST. KALABURAGI

3.     AKASH S/O SABANNA DIGGI
       AGE: 20 YEARS, OCC: NOT KNOWN
       R/O ITAGA VILLAGE, TQ. CHITTAPUR
       DIST. KALABURAGI-585292
                                          RFA No.200136/2019
                               2


4.   SUVARNNA S/O SABANNA DIGGI
     AGE: 18 YEARS, OCC: NOT KNOWN
     R/O ITAGA VILLAGE, TQ. CHITTAPUR
     DIST. KALABURAGI-585292

5.   SABANNA S/O MALAPPA DIGGI
     AGE: 51 YEARS, OCC: AGRICULTURE
     R/O ITAGA VILLAGE, TQ. CHITTAPUR
     DIST. KALABURAGI-585292

6.   SMT. JAGADEVI W/O SABANNA DIGGI
     AGE: 46 YEARS, OCC: HOUSE HOLD
     R/O ITAGA VILLAGE, TQ. CHITTAPUR
     DIST. KALABURAGI-585292

7.   PRABHU SHETTY S/O REVAPPA MUDDU
     AGE: 44 YEARS
     OCC: AGRICULTURE & PRIVATE WORK
     R/O BEMALKHED, TQ. HUMNABAD
     DIST. BIDAR
                                            ... RESPONDENTS


     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
THE CODE OF CIVIL PROCEDURE PRAYING TO ALLOW THE APPEAL BY
SETTING ASIDE THE JUDGMENT AND PRELIMINARY DECREE DATED
26.04.2019 PASSED BY SENIOR CIVIL JUDGE AND JMFC, CHITTAPUR
AND CONSEQUENTLY BE PLEASED TO DISMISS THE CLAIM OF THE
PLAINTIFFS AGAINST THIS DEFENDANT NO.3/APPELLANT.


     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL/VIDEO CONFERENCING HEARING, THIS DAY
THE COURT MADE THE FOLLOWING:


                           ORDER

The learned counsel for the appellant who is appearing

through Video Conferencing submits that he has filed a memo

not pressing the present appeal.

RFA No.200136/2019

Perused the memo wherein the appellant has stated that

the parties have settled the matter amicably and as such, the

appellant is not intending to proceed further in the matter.

The learned counsel for the appellant makes supporting

submission on the lines of the memo.

Considering the memo and supporting submission, the

appeal stands dismissed as not pressed.

Sd/-

JUDGE

NB*