Neelavva W/O Rdurappa Ankalkoti vs Imityaz Ahammed S/O. Nazeersab ...
2022 Latest Caselaw 2570 Kant

               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

          DATED THIS THE 16TH DAY OF FEBRUARY 2022

                            BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                  RSA.NO.100599/2014 (DEC)
BETWEEN

NEELAVVA W/O RUDRAPPA ANKALKOTI
AGE: 48 YEARS, OCC: HOUSEHOLD WORK
R/O. YALAKKI ONI, HAVERI , DIST: HAVERI
                                                ... APPELLANT

(BY SRI.ARAVIND D.KULKARNI, ADV.)


AND

1.    IMITYAZ AHAMMED S/O. NAZEERSAB SUNNEKHAN
      AGE: 42 YEARS, OCC: MASON
      R/O. UDAYANAGAR, HAVERI , DIST: HAVERI

2.    VIDYA D/O. RUDRAPPA ANKALAKOTI
      AGE: 22 YEARS, OCC: HOUSEHOLD WORK
      R/O. YALAKKI ONI, HAVERI
      NOW C/O. IMTIYAZ AHAMMED S/O. NAZEERSAB SUNNEKHAN
      R/O. UDAYANAGAR, HAVERI
                                           ... RESPONDENTS

(BY SRI.SUNIL S.DESAI, ADV. FOR R1 & R2)

      THIS APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING
THAT JUDMENT AND DECREE IN R.A.NO.89/2012 PASSED BY THE
DISTRICT AND SESSIONS JUDGE, HAVERI, 09.04.2014 BE SET ASIDE
WHEREBY APPELLATE COURT HAD CONFIRMED THE JUDGMENT AND
DECREE OF THE ADDL. SENIOR CIVIL JUDGE AT HAVERI IN
O.S.NO.5/2012 DATED 06.08.2012 AND CONSEQUENTLY DECREE THE
SUIT OF THE APPELALNT HEREIN.
                                   2




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

                         JUDGMENT

The appellant/plaintiff who is the mother of

respondent No.2 is before this court questioning the

concurrent judgment and decree of the courts below

wherein the suit filed by the appellant/plaintiff is dismissed.

2. However, today both the counsel filed a joint

memo and along with the memo, they have also produced

consent deed dated 16.11.2015. In the consent deed, it is

clearly stated by the parties that marriage of respondent

Nos.1 and 2 was solemnized and in the wedlock they are

blessed with two children. In view of the settlement with

his mother-in-law, respondent No.1 herein has assured

that he will take care of respondent No.2. In the consent

deed, it is stated that present appeal may be disposed of,

in view of the consent deed.

3. Learned counsel submits that there is no dispute

in regard to consent deed executed on 16.11.2015.

4. Memo along with the consent deed is taken on

record. The appeal stands disposed of in terms of the

consent deed.

SD/-

JUDGE MBS/-