Sri Ramakrishna S/O Anant Gaonkar vs Sri Sridhar S/O Ramakrishna ...
2022 Latest Caselaw 6052 Kant

Citation : 2022 Latest Caselaw 6052 Kant
Judgement Date : 4 April, 2022

Karnataka High Court

Sri Ramakrishna S/O Anant Gaonkar vs Sri Sridhar S/O Ramakrishna ... on 4 April, 2022

Bench: K.S.Hemalekhapresided Bykshj

                          1


           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 04TH DAY OF APRIL, 2022

                       PRESENT
      THE HON'BLE MRS.JUSTICE K.S. HEMALEKHA
                RSA NO.2451 OF 2007
BETWEEN:

1.   SRI.RAMAKRISHNA
     S/O. ANANT GAONKAR,
     AGED ABOUT 27 YEARS,
     OCC: AGRICULTURIEST,
     R/O. MADANUR VILLAGE,
     TALUKA YELLAPUR,
     DIST: UTTARA KANNADA-581 301.

2.   SRI.GANGADHAR
     S/O. ANANT GAONKAR,
     AGED ABOUT 25 YEARS,
     OCC: AGRICULTURIEST,
     R/O. MADANUR VILLAGE,
     TALUKA YELLAPUR,
     DIST: UTTARA KANNADA-581 301.

3.   SMT. MAHADEVI
     W/O. ANANT GAONKAR,
     AGED ABOUT 48 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O. MADANUR VILLAGE,
     TALUKA YELLAPUR,
     DIST: UTTARA KANNADA-581 301.

4.   SMT.GANGA
     W/O. SHANKAR GAONKAR,
     AGED ABOUT 49 YEARS,
     OCC: AGRICULTURIEST,
                           2


     R/O. MADANUR VILLAGE,
     TALUKA YELLAPUR,
     DIST: UTTARA KANNADA-581 301.

5.   SRI.GOPALAKRISHNA
     S/O. SHANKAR GAONKAR,
     AGED ABOUT 25 YEARS,
     OCC: AGRICULTURIEST,
     R/O. MADANUR VILLAGE,
     TALUKA YELLAPUR,
     DIST: UTTARA KANNADA-581 301.

6.   SRI.PARAMESHWAR
     S/O. SHANKAR GAONKAR,
     AGED ABOUT 23 YEARS,
     OCC: AGRICULTURIEST,
     R/O. MADANUR VILLAGE,
     TALUKA YELLAPUR,
     DIST: UTTARA KANNADA-581 301.

7.   SRI.RAMAKRISHNA
     S/O. ANANT GAONKAR,
     AGED ABOUT 45 YEARS,
     OCC: AGRICULTURIEST,
     R/O. BELTURGADDE IN ANGOD VILLAGE,
     TALUKA YELLAPUR,
     DIST: UTTARA KANNADA-581 301.

8.   SRI.TIMMANNA
     S/O. RAMAKRISHNA GAONKAR,
     AGED ABOUT 43 YEARS,
     OCC: AGRICULTURIEST,
     R/O. ANGOD VILLAGE,
     TALUKA YELLAPUR,
     DIST: UTTARA KANNADA-581 301.

9.   SRI.VISHWESHWAR
     S/O. RAMAKRISHNA GAONKAR,
     AGED ABOUT 41 YEARS,
                               3


      OCC: AGRICULTURIEST,
      R/O. MADANUR VILLAGE,
      TALUKA YELLAPUR,
      DIST: UTTARA KANNADA-581 301.

10.   SRI.GANAPATI
      S/O. RAMAKRISHNA GAONKAR,
      AGED ABOUT 37 YEARS,
      OCC: AGRICULTURIEST,
      R/O. MADANUR VILLAGE,
      TALUKA YELLAPUR,
      DIST: UTTARA KANNADA-581 301.
                                              ...APPELLANTS
(BY SRI.RAMESH I. ZIRALI, ADV.)

AND

SRI.SHRIDHAR S/O. RAMAKRISHNA GAONKAR,
AGED ABOUT 40 YEARS, OCC: AGRICULTURIEST,
R/O. ANGOD VILLAGE, TALUKA YELLAPUR,
DIST: UTTARA KANNADA-581 301.
                                             ...RESPONDENT
(BY SRI.V.P KULKARNI, ADV.)

      THIS APPEAL IS FILED UNDER SECTION 100 OF THE CPC,
AGAINST JUDGMENT AND DECREE DATED 31.07.2007 PASSED
IN R.A. NO.332/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN)
YELLAPUR, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGENT AND DECREE DATED 15.07.2003 PASSED IN OS.
NO.31/2001 ON TH EFILE OF THE CIVIL JUDGE (JR.DN)
YELLAPUR, DISMISSING THE SUIT FOR DECLARATION AND
PERPETUAL INJU8NCTION.

     THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THIS
COURT, MADE THE FOLLOWING:
                                     4



                                  ORDER

The learned counsel for appellant has filed a memo for

withdrawal of the appeal on the ground that the parties have

settled the matter. The copy of the compromise in O.S

No.175/2007 is also annexed. The said memo reads as under;

"That, the dispute between the parties has been amicably settled before the trial Court in OS. No.175/2007. The compromise decree is produced herewith for kind perusal of this Hon'ble Court. Hence, the above appeal may kindly be dismissal as withdrawn to meet the ends of justice."