Sidram Kenchappa Karigar, vs Smt.Balavva
2021 Latest Caselaw 599 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

     DATED THIS THE 11 T H DAY OF JANUARY, 2021

                       PRESENT

  THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                         AND

           THE HON'BLE MR.JUSTICE P.N.DESAI

          RFA NO.100070 OF 2016 (PAR/SEP.POS)

BETWEEN

  1. SIDRAM KENCHAPPA KARIGAR,
     SINCE DECEASED BY HIS LRS.

 1A.SMT. NIMBEVVA W/O SIDRAM KARIGAR,
   AGE: 78 YEARS, OCC: AGRIUCLTURE,
   R/O: ALAKNUR, TAL:RAIBAG,
   DIST: BELAGAVI.

  2. KAREPPA KENCHAPPA KARIGAR,
     AGE: 62 YEARS, OCC: AGRICULTURE,
     R/O: ALLAKNUR, TAL: RAIBAG,

  3. MAHADEV SIDRAM KARIGAR,
     AGE: 57 YEARS, OCC: AGRIUCLTURE,
     R/O: ALLAKHNUR, TAL:RAIBAG,
     DIST: BELAGAVI.

  4. MARUTI SIDRAM KARIGAR,
     AGE: 52 YEARS, OCC: AGRIUCLTURE,
     R/O: ALLAKHNUR, TAL:RAIBAG,

                                        ...APPELLANTS

(BY SRI.SANGAMESH S GULAPPANAVAR, ADV.)
                        :2:




AND

1. SMT.BALAVVA W/O KENCHAPPA HORATTI,
SINCE DECEASED BY HER LRS.

1A) KAREPPA S/O. KENCHAPPA HORATTI,
AGE: 59 YEARS, OCC: AGICULTURE,
R/O: ALKHANUR, TAL:RAIBAG.

1B) SIDRAM S/O. KENCHAPPA HORATTI,
AGE: 55 YEARS, OCC: AGICULTURE,
R/O: ALKHANUR, TAL:RAIBAG.

1C) UDDAPPA S/O. KENCHAPPA HORATTI,
AGE: 48 YEARS, OCC: AGICULTURE,
R/O: ALKHANUR, TAL:RAIBAG.

1D) MAYAPPA S/O. KENCHAPPA HORATTI,
AGE: 47 YEARS, OCC: AGICULTURE,
R/O: ALKHANUR, TAL:RAIBAG.

1E) AIRAVVA W/O. MARUTI KARIGAR,
AGE:47 YEARS, OCC: AGICULTURE,
R/O: ALKHANUR, TAL:RAIBAG.

2) NIMBEVVA W/O. SIDRAM KABUURE,
AGE: 75 YEARS, OCC: AGRICULTURE & HOUSEHOLD,
R/O: NIDAGUNDI VILLAGE, TAL:RAIBAG.

3) HOUSAVVA W/O. KAREPPA HORATTI,
AGE: 72 YEARS, OCC: AGICULTURE,
R/O: ALKHANUR, TAL:RAIBAG.

4) AKKAVVA W/O. HALAPPA IRAGAR,
AGE: 57 YEARS, OCC: AGICULTURE & HOUSEHOLD,
R/O:MORAB VILLAGE, TAL:RAIBAG

5) SMT.KASHAVVA W/O. KENCHAPPA KARIGAR,
SINCE DECEASED BY HER LR'S.
ARE ALREADY ON RECORD.
                         :3:


6) BHIMAPPA DHARMANNA HIPPARAGI,
SINC DECEASED BY HIS LRS.

6A) TULAJAVVA W/O. BHIMPPA HIPPARAGI,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O:HOSUR, TAL:JAMAKHANDI,
DIST: BAGALKOT.

6B) DHARMANNA S/O. BHIMAPPA HIPPARAGI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: HOSUR, TAL:JAMAKHANDI.

6C) BEERAPPA S/O. BHIMAPPA HIPPARAGI,
AGE: 17 YEARS, OCC: STUDENT,
R/O: HOSUR, TAL:JAMAKHANDI,
SINCE MINOR REPRESENTED BY IS MINOR
GUARDIAN MOTHER TULAJAVVA-D.NO.2A.

7) MAYAVVA W/O. KAREPPA KARIGAR,
AGE: 37 YEARS, OCC: AGRICULTURE & HOUSEHOLD,
R/O: HOSUR, TAL:JAMAKHANDI,
DIST:BAGALKOT.

8) SATTEPPA KENCHAPPA KARIGAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: ALAKHANUR VILLAGE,
TAL: RAIBAG.
                                        ...RESPONDENTS


(SMT.BHARATHI G BHAT, ADV FOR R1(b), R2-5,
    R1(E), R6,7,8 ARE SERVED;
    NOTICE TO R1(ACD) & R9 IS HELD SUFFICIENT)


     THIS APPEAL IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 16.01.2016
PASSED IN OS.NO.35/2009 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, RAIBAG, DECREEING THE SUIT
FIELD FOR PARTITION AND SEPARATE POSSESSION.
                              :4:




    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
SREENIVAS   HARISH   KUMAR  J., DELIVERED  THE
FOLLOWING:

                           ORDER

Appellants' counsel submits that the parties have

reported settlement in the final decree proceedings. In

view of this, appellants do not press this appeal and want

to withdraw this appeal.

Memo is placed on record and accordingly, the appeal

is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE