Shri Thakappa @ Baburao S/O ... vs Shri Shivaji S/O Ningappa Redekar
2022 Latest Caselaw 1969 Kant

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 8TH DAY OF FEBRUARY 2022

                          BEFORE

     THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

               RSA.NO.100576/2020 (PAR/POS)
BETWEEN

1.   SHRI THAKAPPA @ BABURAO S/O NINGAPPA REDEKAR
     SINCE DECEASED BY HIS
     LEGAL REPRESENTATIVES,

     1A. SMT.SHRIMANTA W/O BABURAO REDEKAR,
     AGE: 75 YEARS,OCC: HOUSEHOLD WORK,
     R/O: CTS NO.4856/76B, 1ST MAIN, 3RD CROSS,
     SADASHIV NAGAR, BELAGAVI-590001.

     1B. SHRI.RAJENDRA S/O BABURAO REDEKAR
     AGE: 50 YEARS, OCC: BUSINESS,
     REST -DO-.

     1C. SMT.RAJESHREE D/O BABURAO REDEKAR
     AFTER MARRIAGE KNOWN AS
     MRS.RAJESHREE W/O KIRAN NIMBALKAR,
     R/O: DOCTOR RAJENDRA PRASAD ROAD,
     GADHINGLAJ-416502, TQ: GADHINGLAJ,
     DIST: KOLHAPUR.

     1D. SHRI.MAHESH S/O BABURAO REDEKAR
     AGE: 41 YEARS, OCC: BUSINESS,
     R/O: CTS NO.4856/76B,
     1ST MAIN, 34D CROSS,
     SADASHIV NAGAR, BELAGAVI-590001.

                                               ... APPELLANTS

(BY SRI.LAXMIKANT K.GURAV, ADV.)
                               2




AND

1.    SHRI SHIVAJI S/O NINGAPPA REDEKAR
      AGE: 75 YEARS,
      OCC: AGRICULTURE,
      R/O: SHUBASH GALLI,
      AT-POST: AGASAGA-591143,
      TQ and DIST: BELAGAVI.

2.    SHRI.BABURAO NINGAPPA REDEKAR
      AGE: 75 YEARS,
      OCC: AGRICULTURE,
      R/O: TAVAREWADI-416507,
      INFRONT OF GOKUL DIARY,
      TQ: CHANDGAD,
      DIST: KOLHAPUR.

3.    SHRI.SHRIKANT S/O DATTATREYA REDEKAR
      AGE: 63 YEARS, OCC: AGRICULTURE,
      R/O: SHUBASH GALLI,
      AT-POST: AGASAGA-591143,
      TQ and DIST: BELAGAVI.

4.    SHRI.SHANTARAM S/O DATTATREYA REDEKAR
      AGE: 58 YEARS,
      OCC: KIRANA SHOP,
      R/O: NEAR BUS STNAD,
      AT-POST: AGASAGA-591143,
      TQ and DIST: BELAGAVI.

5.    SHRI.VASANT S/O DATTATREYA REDEKAR
      AGE: 55 YEARS,
      OCC: HOTEL,
      R/O: NEAR BUS STNAD,
      AT-POST: AGASAGA-591143,
      TQ and DIST: BELAGAVI.

6.    SMT.LAXMIBAI W/O SIDRAI HONAGEKAR
      AGE: 57 YEARS,
      OCC: HOUSEHOLD WORK,
      R/O: JAWAIVADE,
      AT-POST: AGASAGA-591143,
      TQ and DIST: BELAGAVI.
                                  3




7.   MRS.BHARATI PUNDLIK PATIL
     AGE: 53 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: PATIL GALLI,
     AT-POST: KHADARWADI-590008,
     TQ and DIST: BELAGAVI.

8.   VIDYANAGAR CO-OP HOUSING SOCIETY LTD.,
     O/AT PLOT NO.232,
     VIDYANAGAR,
     NEAR VIDYANAGAR BUS STOP,
     BAUXITE ROAD,
     KANGRALI KH-590010,
     TQ and DIST: BELAGAVI.

9.   SMT.BHARATI BASAVARAJ MADABHAVI
     AGE: 57 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: C/O SHRI. G.S. YALIGAR,
     NO.70, KRISHI COLONY,
     9TH CROSS,
     BHAGYANAGAR-590006, BELAGAVI.

                                                   ... RESPONDENTS

     THIS APPEAL IS FILED UNDER U/SEC.100 OF CPC, AGAINST
THE JUDGEMENT AND DECREE DATED 09.07.2020 PASSED IN
R.A.NO.121/2018 ON THE FILE OF THE X ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BELAGAVI, DISMISSING THE JUDGMENT AND
DECREE DTD.23.09.2014, PASSED IN O.S. NO.159/2006 ON THE FILE
OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL
MOTOR    ACCIDENT    CLAIMS      TRIBUNAL,   BELAGAVI,     PARTLY
DECREEING   THE   SUIT   FILED   FOR   PARTITION   AND   SEPARATE
POSSESSION.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
                                4




                          JUDGMENT

Learned counsel for the appellants submits that the

parties have settled dispute out of court and he has

instructions to withdraw the appeal.

His submission is taken on record.

Accordingly, the appeal is dismissed as withdrawn.

SD/-

JUDGE MBS/-