Karnataka High Court
Sri Jivendra Balappa Hardi vs Sri Basavaraj on 14 February, 2022
Bench: Sachin Shankar Magadum
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
R.S.A.NO.1117/2006 (SP)
BETWEEN
SRI JIVENDRA BALAPPA HARDI
SINCE DECEASED BY HIS LRS.
1. SMT.LEELAVATI
W/O JIVENDRA HARDI,
AGE : 77 YEARS,
OCC: HOUSEHOLD.
2. SMT.KAMALA
W/O RAMACHANDRA SANGALE,
SINCE DECEASED BY HER LRS.,
2(A) SHANTINATH
S/O BHALACHANDRA BONGARDE,
AGE : 41 YEARS, OCC: BUSINESS.
2(B) SMT.SEEMA
W/O BAHUBALI PATIL,
AGE : 38 YEARS,
OCC: HOUSEHOLD WORK.
2(C) BHALACHANDRA
S/O BHUPAL BONGARDE,
AGE : 72 YEARS, OCC: PENSIONER.
APPELLANT NOS.2(A) TO 2(C)
R/O 1951, SECTOR-9,
M.M.EXTENSION,
ANJANEYA NAGAR,
BELGAUM-590 016.
3. SMT.NIRMALA
2
W/O SUBHAS LAGARE,
AGED: 54 YEARS,
OCC: HOUSEHOLD.
4. VARDHAMAN
S/O OF JIVENDRA HARDI,
AGE: 52 YEARS,
OCC: BUSINESS,
R/O ANKALAGI-591 101,
TALUK: GOKAK,
DIST: BELGAUM.
5. ASHOK
S/O OF JIVENDRA HARDI,
AGE: 49 YEARS,
OCC: BUSINESS,
R/O ANKALAGI-591 101,
TALUK: GOKAK,
DIST: BELGAUM.
6. BAHUBALI,
S/O OF JIVENDRA HARDI,
AGE: 45 YEARS,
OCC: BUSINESS,
R/O ANKALAGI-591 101,
TALUK: GOKAK,
DIST: BELGAUM.
7. PRAKASH
S/O OF JIVENDRA HARDI,
AGE: 41 YEARS, OCC: BUSINESS,
R/O ANKALAGI-591 101,
TALUK: GOKAK, DIST: BELGAUM.
...APPELLANTS
(BY SRI RAVI S.BALIKAI, ADVOCATE.)
AND
1. SRI BASAVARAJ
S/O PARAPPA BELLAD,
AGE : 57 YEARS, OCC: BUSINESS,
R/O SOPPADLA-591 193,
TAL : SAUNDATTI, DIST: BELGAUM.
2. SRI MAHALINGAPPA
S/O FAKIRAPPA UPPIN,
3
SINCE DECEASED BY HIS LRS.,
2(A) FAKIRAPPA
S/O MAHALINGAPPA UPPIN,
AGE : 48 YEARS, OCC : BUSINESS,
R/O TALLUR-591 218,
TAL: SOUNDATTI,
DIST: BELGAUM.
2(B) MAHARUDRAPPA,
S/O MAHALINGAPPA UPPIN,
AGE : 45 YEARS, OCC : BUSINESS,
R/O TALLUR-591 218,
TAL: SOUNDATTI, DIST: BELGAUM.
2(C) VIKRAM
S/O MAHALINGAPPA UPPIN,
AGE : 40 YEARS,
OCC : BUSINESS,
R/O TALLUR-591 218,
TAL: SOUNDATTI,
DIST: BELGAUM.
2(D) JAGADISH
S/O MAHALINGAPPA UPPIN,
AGE : 42 YEARS, OCC : BUSINESS,
R/O YARAGATTI-591 318,
TAL: SOUNDATTI,
DIST: BELGAUM.
.... RESPONDENTS
(BY SRI B.V.MALAGOUDAR
SRI SANTOSH B.MALAGOUDAR, ADV.
FOR R.1 & R2(A) TO 2(D)
THIS RSA IS FILED UNDER SECTION 100 OF THE CODE
OF CIVIL PROCEDURE, 1908 PRAYING THIS COURT TO SET
ASIDE THE JUDGEMENT & DECREE DATED 23.06.2005 PASSED
IN R.A.NO.38/2001 BY THE CIVIL JUDGE (SR.DN.) SAUNDATTI,
AT SAUNDATTI AND THE JUDGMENT AND DECREE DATED
29.09.2001 PASSED IN O.S.NO.185/1993 BY THE CIVIL JUDGE
(JR.DN.), SAUNDATTI AT SAUNDATTI AND DECREE THE SUIT OF
THE PLAINTIFFS AS PRAYED FOR AND ALLOW THIS APPEAL
WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
4
: JUDGMENT :
Today a memo for disposal is filed by the learned
counsel appearing for the appellants signed by appellant
No.5. The said memo is accompanied by an affidavit and in
the said affidavit at paragraph No.3, appellant No.5 has
stated that the matter is amicably settled out of Court and
the appellants have agreed to withdraw the suit on
payment of Rs.80,000/- towards full and final settlement
of the suit claim.
2. Appellant No.5 is before this Court. He submits
that the other appellants have authorized him to enter into
the settlement.
3. Learned counsel appearing for respondents-
defendants on instructions has submitted that the matter
is amicably settled. Today defendant No.1 is present
before the Court. On enquiry, he also submits that the
matter is amicably settled. Today in open Court sum of
Rs.80,000/- which was agreed to be paid as full and final
settlement is handed over to Sri Ravi S.Balikai, learned
counsel on record and in turn the learned counsel has
handed over the same to appellant No.5.
4. In terms of memo coupled with affidavit filed
today, appeal is disposed off as settled out of Court.
5. In view of the settlement, the registry is
directed to refund the Court fee in accordance with law to
respondent No.5 on furnishing proper identification.
SD/-
JUDGE
EM
