Davalsab S/O Mashimsaheb Khatik vs Neelkanth S/O Tmmanna Bhaski
2021 Latest Caselaw 6370 Kant

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        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH
  DATED THIS THE 17TH DAY OF DECEMBER, 2021
                     BEFORE
       THE HON'BLE MR.JUSTICE M.G.S.KAMAL
                RSA.No.7069/2012
BETWEEN:
01.   DAVALSAB S/O MASHIMSAHEB KHATIK
      DEAD BY HIS LRS.

01A. HASEENA W/O LATE DAWOOD KAMBLE
     AGE: 55 YEARS OCC: HOUSEHOLD
     R/O: NEAR BUS-STAND, MISSION COMPOUND
     VIJAYAPURA-586 101.

01B. ANWAR KAMBLE S/O LATE DAWOOD KAMBLE
     AGE: 42 YEARS OCC: BUSINESS
     R/O: NEAR BUS STAND, MISSION COMPOUND
     VIJAYAPURA-586 101.

01C. ABDUL AZEEZ S/O LATE DAWOOD KAMBLE
     AGE: 40 YEARS OCC: BUSINESS
     R/O; NEAR BUS-STAND, MISSION COMPOUND
     VIJAYAPURA-586 101.

01D. SHABANA W/O SHAMSHOIDDIN NADEWALE
     AGE: 38 YEARS OCC: HOUSEHOLD (DAUGHTER)
     R/O: SHAHAPUR DARWAJA, MULLA MASJID
     VIJAYAPURA-586 101.

01E. SANA KAMBEL D/O LATE DAWOOD KAMBLE
     AGE: 30 YEARS OCC: HOUSEHOLD
     R/O: NEAR BUS STAND, MISSION COMPUOND
     VIJAYAPURA-586 101.
                                    ... APPELLANT
(BY SRI. K. M. GHATE, ADVOCATE)
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AND:

NEELKANTH S/O TIMMANNA BHASKI
AGE: 59 YEARS OCC: SUPERVISOR
R/O: SCHORI BLASTING AND METAL
SPRAYING (P) LTD.,
JUNCTION OF EASTERN EXPRESS
HIGHWAY AND POKAM ROAD
NO.2, MAJILWADA, THANE
(MAHARASTRA)
                                     ... RESPONDENT

(BY SRI. R. S. SIDHAPURKAR AND SRI. R. J.
BHUSARE, ADVOCATES)


       THIS REGULAR SECOND APPEAL IS FILED UNDER

SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO

ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND

DECREE DATED 12.12.2011 PASSED IN R.A.NO.1/2009 BY

THE LEARNED I ADDITIONAL DISTRICT JUDGE, BIJAPUR

CONFIRMING    THE   JUDGMENT   AND   DECREE    DATED

17.10.2008   PASSED   IN   O.S.NO.399/2001    BY   THE

LEARNED PRL. CIVIL JUDGE (SR. DN) AT BIJAPUR AND TO

GRANT ANY OTHER APPROPRIATE RELIEF.

       THIS APPEAL COMING ON FOR ORDERS THIS DAY,

THE COURT DELIVERED THE FOLLOWING:-
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                       JUDGMENT

The learned counsel for the appellants has filed a

memo in respect of amended cause title of the appeal.

02. The same is taken on record.

03. He also filed an application in I.A.No.7/2021

seeking withdrawal of the appeal as the matter has been

settled between the legal representatives of the deceased -

appellant and the respondent.

04. The learned counsel for the respondent has no

objection for withdrawn of the appeal.

05. The said application is taken on record.

06. Hence, the appeal is dismissed as withdrawn

and I.A.No.7/2021 is also disposed off.

Sd/-

JUDGE KJJ