Sri. Channappa S/O. Ramappa ... vs Smt.Fakiravva W/O Lokappa ...
2022 Latest Caselaw 1869 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 7TH DAY OF FEBRUARY, 2022

                     PRESENT

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

                        AND

       THE HON'BLE MR. JUSTICE S. RACHAIAH

               RFA NO.100124/2019


BETWEEN:


1.   SRI. CHANNAPPA
     S/O. RAMAPPA KOPPAD,
     AGE: 73 YEARS,
     OCC: AGRICULTURE,
     R/O: KARLWAD,
     POST: AREKURAHATTI,
     TQ: NAVALAGUND,
     DIST: DHARWAD - 571 301.

2.   SRI. GURUNATH
     S/O RAMAPPA KOPPAD,
     AGE: 71 YEARS,
     OCC: AGRICULTURE,
     R/O: KARLWAD,
     POST: AREKURAHATTI,
     TQ: NAVALAGUND,
     DIST: DHARWAD - 571 301.

3.   SMT. BASAVVA
     W/O BALAPPA PADESUR,
     AGE: 79 YEARS,
                                  RFA No.100124/2019

                          2



      OCC: HOUSEHOLD WORK,
      R/O: KUSUGAL,
      TQ: HUBBALLI,
      DIST: DHARWAD - 580 023.
                                         ... APPELLANTS

(BY SRI. S. R.HEGDE, ADVOCATE)


AND

SMT.FAKIRAVVA
W/O LOKAPPA KURTHKOTI,
AGE: 77 YEARS,
OCC: HOUSEHOLD WORK,
R/O KARLWAD,
POST: AREKURAHATTI,
TQ: NAVALAGUND ,
DIST: DHARWAD-571301.              .
                                         ..RESPONDENT


(BY SRI.P.G. CHIKKANARAGUND, ADVOCATE)

     THIS REGULAR FIRST APPEEAL IS FILED UNDER
SECTION 96 OF CPC., AGAINST THE JUDGMENT AND
DECREE DTD: 05.11.2018 PASSED IN O.S.NO.21/2017 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE   FIRST    CLASS,   NAVALGUND,    PARTLY
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.

     THIS APPEAL COMING ON FOR ADMISSION THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS
DAY, Dr.H.B.PRABHAKARA SASTRY, MADE THE
FOLLOWING:
                                        RFA No.100124/2019

                             3


                           ORDER

Called again in the afternoon.

Learned counsel for the appellants is physically present

before the Court and files a memo for withdrawal of this

appeal stating that in view of passing of final decree in FDP

No.2/2019, which has arisen in O.S No.24/2017, the present

appeal is being withdrawn by the appellants. The respondent

in the statement of objection to I.A No.1/2021 has already

filed a copy of the order dated 09.03.2020 shown to have

been passed in FDP No.2/2019, which shows that the said

petition has come to be allowed by the trial Court. In that

view of the matter, the present appeal does not survive for

consideration, as such, the appeal stands disposed of.

In view of disposal of main appeal, and I.A No.1/2021

and I.A No.2/2019 does not survive for consideration.

Sd/-

JUDGE

Sd/-

JUDGE UN