Bharmappa vs Bhimappa
2021 Latest Caselaw 3372 Kant

     IN THE HIGH COURT OF KARNATAKA DHARWAD
                 BENCH AT DHARWAD

     DATED THIS THE 22ND DAY OF SEPTEMBER, 2021

                       BEFORE

THE HON'BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

           R.S.A.NO.1072/2007 (DEC. & INJ.)

BETWEEN :

1.     B HARMAPPA
       S/O DYAMAPPA,
       HANAMAR, 50 YEARS.

2.     KARIYAVVA
       W/O BHIMAPPA
       HANAMAR, 30 YEARS.

3.     YALLAVVA
       W/O HANAMAPPA,
       HANAMAR, 45 YEARS.

4.     MAHADEVAMMA
       W/O VENKAPPA,
       HANAMAR, 25 YEARS.

       ALL ARE R/O NILO GAL,
       TQ: KU SHTAGI,
       KOP PAL DIST: 584121.
                                      ... APPE LLANTS
(B Y SRI B .CHIDANANDA, ADV.)

AN D :

1.     B HIMAPPA
       S/O HANU MANTAPPA
       PUJAR YERIGONAL , 55 YEARS,
       OCC: SECRETARY ,
       GRAMA PANCHAYAT,
       NIL OGAL.
                            2


2.   FAKIRAP PA
     S/O RANGAPUR,
     B ILL COLLECTOR,
     GRAMA PANCHAYAT,
     NIL OGAL V IL LAGE.

3.   YAMANAPPA
     S/O HANAMAPPA HAB ALAKTTI,
     40 YEARS, AGR I.

4.   KALLAPPA
     S/O B HIMAPPA B ASAPU R
     SINCE DECEASED B Y HIS LRS.,

4(A). CHANDAPPA,
      S/O LATE, KALLAPPA B ASAPU RA,
      AGED ABOUT : 50 YEARS,
      R/O NILOGA L VIL LAGE,
      TQ: KU SHTAGI,
      DIST: KOPPAL.

4(B ). B HIMAPPA
       S/O LATE, KALLAPPA B ASAPU RA,
       AGED ABOUT : 52 YEARS,
       R/O NILOGA L VIL LAGE,
       TQ: KU SHTAGI,
       DIST: KOPPAL.
                                        ... RESPONDENTS

(APPEAL AGA INST R.1 : DISMISSED)
(NOTICE TO R2, R3 & R4(A) & R4(B) : SERVED)

      THIS REGU LAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CODE OF CIVIL PROCEDU RE,
1908, PRAY ING T HIS HON 'B LE COURT T O SET AS IDE
THE    JU DGMENT    AND   DECREE       PASSED  DAT ED
22. 12.2 006 PASS ED BY THE CIV IL JUDGE (S R.DN.)
YELBU RGA IN R.A.NO.4 OF 2006 AND THEREB Y
SETTING AS IDE THE J UDGMENT AND DECREE PASSED
BY    THE   CIVIL  JU DGE  ( JR.DN .),   KUSHTAGI  IN
O.S.NO.98/ 1999 DAT ED 30.01.2004 AND T O DECREE
THE SUIT AS P RAY ED FOR IN THE INTEREST O F
JUSTICE AND EQUITY .

     THIS A PPEAL COMING ON FOR ORDER S THIS DAY ,
THE COU RT DELIVERED THE FOLLOWING:
                              3



                    : JUDGMENT :

Learned counsel appearing for the appellants

filed a memo along with thumb impression of the

appellants stating that, the appellants do not want to

press the matter. Hence, the appeal may be dismissed

as withdrawn.

Memo is placed on record. The appeal is

dismissed as not pressed.

Liberty is reserved to the appellants to institute

fresh suit, if they are so advised.

Sd/-

JUDGE EM