Mallappa S/O Maruti Managutti @ ... vs Laxman S/O Basavant Managutti @ ...
2022 Latest Caselaw 2443 Kant

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 15TH DAY OF FEBRUARY 2022

                          BEFORE

     THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                   RSA.NO.5922/2012 (PAR)
BETWEEN

1.    SRI.MALLAPPA S/O MARUTI MANAGUTTI @ KAMBLE,
      AGED: 56 YEARS, OCC: SERVICE,R/O: SHARADA NILAYA,
      VIDYANAGAR,RAIBAG, DIST: BELGAUM.

2.    SMT.SHARAVATI @ SARAWATI,
      W/O MARUTI MANAGUTTI @ KAMBLE,AGE: 69 YEARS, OCC:
      HOUSEHOLD WORK andAGRICULTURE, R/O: SHARADA
      NILAYA, VIDYANAGAR,RAIBAG, DIST: BELGAUM.

3.    SMT.JAYASHREE W/O MAHADEV KAMBLE,
      AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: INDIRANAGAR,
      SANGLI, TQ and DIST: SANGLI, STATE: MAHARASHTRA.

4.    SMT.VIMALAWWA W/O RAMA KAMBLE,
      AGE: MAJOR, OCC: HOUSEHOLD WORK,R/O: AMBEDKAR
      NAGAR, TQ: RAIBAG,DIST: BELGAUM.

5.    SMT.LAXMI W/O KRISHNAPPA MASANAIK,
      AGE: MAJOR, OCC: HOUSEHOLD WORK,R/O: AMBEDKAR
      NAGAR, TQ: RAIBAG,DIST: BELGAUM.

6.    SRI.KRISHNAPPA S/O MALLAPPA MANAGUTTI @ KAMBLE,
      AGE: MAJOR, OCC: AGRICULTURE,R/O: VIDYANAGAR,
      RAIBAG,DIST: BELGAUM.

7.    SRI.SHANKAR S/O MALLAPPA MANAGUTTI @ KAMBLE,
      AGE: MAJOR, OCC: AGRICULTURE,R/O: VIDYANAGAR,
      RAIBAG,DIST: BELGAUM.

                                               ... APPELLANTS

(BY SRI.CHETAN MUNNOLI, ADV. FOR SRI.R.M.KULKARNI, ADV.)
                               2




AND

1.    SRI.LAXMAN S/O BASAVANT MANAGUTTI @ KAMBLE,
      AGE: 30 YEARS, OCC: COOLIE,
      R/O: MEKHALI, TQ: RAIBAG, DIST: BELGAUM.

2.    SRI.KOTEPPA S/O BASAVANT MANAGUTTI @ KAMBLE,
      AGE: 33 YEARS, OCC: LEGAL PRACTITIONER,
      R/O: VIVEK NAGAR, RAIBAG,DIST: BELGAUM.

3.    SMT.SAVAKKA W/O BASAVANT MANAUTTI @ KAMBLE,
      AGE: 54 YEARS, OCC: HOUSEHOLD WORK,
      R/O: MEKHALI, TQ: RAIBAG,DIST: BELGAUM.

4.    SRI.BASAVANT S/O MARUTI MANAGUTTI @ KAMBLE,
      AGE: 59 YEARS, OCC: TAILORING,
      R/O: MEKHALI, TQ: RAIBAG,DIST: BELGAUM.

5.    SRI.MARUTI S/O LAXMAN MANAUTTI @ KAMBLE,
      AGE: 74 YEARS, OCC: NIL,
      R/O: MEKHALI, TQ: RAIBAG,DIST: BELGAUM.

6.    SMT.SHANTAVVA W/O MAHADEV MADALE @ MANAGUTTI,
      AGE: 46 YEARS, OCC: HOUSEHOLD WORK, and
      AGRICULTURE, R/O: MEKHALI, TQ: RAIBAG, DIST: BELGAUM.

                                            ... RESPONDENTS
(BY SRI.RAJASHEKHAR BURJI, ADV. FOR C/R2)

      THIS APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED 06.08.2012 IN
R.A.NO.200/2011 ON THE FILE OF THE FAS TRACK COURT-I,
CHIKKODI REVERSING THE JUDGMENT AND DECREE DATED
23.04.2011 IN O.S.NO.71/2008 ON THE FILE OF THE CIVIL JUDGE
(SR.DN.) RAIBAG IN SO FAR AS ITEM NO.2 AND 6 OF SCHEDULE 'A'
IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                3




                          JUDGMENT

Both the counsel on record would submit to this court

that this matter is amicably settled in the subsequent

comprehensive suit filed in O.S.No.366/2014.

2. The case status is placed on record by the

registry. On perusal of the same, this court would find that

parties to the present appeal have amicably settled the

matter by referring the subsequent suit to Lok Adalath

where compromise is recorded.

3. In that view of the matter, the present appeal

does not survive for consideration. Accordingly, the appeal

stands disposed off, by taking note of the settlement

arrived at by the parties in the subsequent suit.

SD/-

JUDGE MBS/-