Kumar. Pratham S/O Ravichandra ... vs Sri. Ravinchandra S/O Bhimanna ...
2022 Latest Caselaw 2670 Kant

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            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 17TH DAY OF FEBRUARY, 2022

                           BEFORE

           THE HON'BLE MR. JUSTICE R. NATARAJ

              M.F.A. NO.100469 OF 2018 (CPC)

BETWEEN:

1.     KUMAR PRATHAM
       S/O. RAVICHANDRA BADIGER
       AGE. 3 YEARS.

2.     KUMARI PRATIKSHA
       S/O. RAVICHANDRA BADIGER
       AGE. 6 YEARS.

(SINCE MINORS REPRESENTED BY THEIR GUARDIAN
NATURAL MOTHER APPELLANT NO.3 SMT. POORNIMA)

3.     SMT. POORNIMA
       W/O. RAVICHANDRA BADIGER
       AGE. 25 YEARS, OCC.HOUSEHOLD WORK
       AND AGRICULTURE, R/O. LAXMI NIWAS
       NEHRU NAGAR, NEAR KSRTC DEPOT,
       ATHANI ROAD, VIJAYAPUR
       NOW AT : C/O. CHANDRASHEKHAR B. PATTAR
       R/O. TODALABAGI
       TQ. JAMKHANDI - 587301.
                                                ... APPELLANTS
(BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE)

AND:

1.     RAVICHANDRA
       S/O. BHIMANNA BADIGER
       AGE. 35 YEARS, OCC. AGRICULTURE
       R/O. LAXMI NIWAS, WARD NO.35,
       NEHRU NAGAR, NEAR KSRTC DEPOT,
       ATHANI ROAD,
       VIJAYAPUR - 586101.
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2.   SMT. KALAWATI
     W/O. BHIMANNA BADIGER
     AGE. 66 YEARS, OCC.HOUSEHOLD WORK
     R/O. LAXMI NIWAS, WARD NO.35,
     NEHRU NAGAR, NEAR KSRTC DEPOT,
     ATHANI ROAD,
     VIJAYAPUR - 586101.

3.   LAKKAPPA
     S/O. LAXMAN RANAGATTO
     AGE. 36 YEARS,
     OCC. AGRICULTURE
     R/O. HARANAL
     TQ. & DIST. VIJAYAPUR - 586101.

                                                 ... RESPONDENTS
(BY SRI. A.S. PATIL, ADVOCATE FOR R3)

     THIS APPEAL IS FILED UNDER SECTION 43(1) (r) OF CPC,
AGAINST THE ORDER DATED 10.01.2018 PASSED IN O.S. NO.72/2017
ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, JAMKHANDI,
DISMISSING I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF
CPC.

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

                          JUDGMENT

The learned counsel for the appellants submits that the

parties have amicably settled the dispute and that he would file a

necessary Memo after obtaining clear instructions.

2. In view of the aforesaid submission, this appeal is

disposed off as having become infructuous.

3. However, liberty is reserved to the appellants to seek

restoration of this appeal, if the appeal survives for

consideration.

Sd/-

JUDGE

hnm