Veerayya S/O. Basayya Mathapati vs Smt.Naaratna W/O. Adinath ...
2022 Latest Caselaw 2782 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                       PRESENT

 THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

                         AND

        THE HON'BLE MR. JUSTICE S. RACHAIAH


                 R.F.A. NO.100281/2018

BETWEEN

1.     VEERAYYA S/O. BASAYYA MATHAPATI,
       AGED ABOUT 68 YEARS, OCC:BUSINESS,
       R/O. GHANTIKERI ONI, HUBBALLI,
       TQ:HUBBALLI, DISTRICT:DHARWAD.

2.     MAHANTESH S/O. VEERAYYA KARAJAGIMATH,
       AGED ABOUT 40 YEARS, OCC:BUSINESS,
       R/O. GHANTIKERI ONI, HUBBALLI,
       TQ:HUBBALLI, DISTRICT:DHARWAD.

                                      .....APPELLANTS
(BY SMT. SUJATA S. DHUMMAWAD, ADV. FOR
SRI ARAVIND D KULKARNI, ADV.)


AND

1.     SMT.NAARATNA W/O. ADINATH HIREMATH,
       AGED ABOUT 57 YEARS, OCC:HOUSEHOLD WORK,
       R/O. BELGAUM.
                                        R.F.A.No.100281/2018
                         2


2.    SMT SHOBHA W/O. SHIVAMURTHI HIREMATH,
      AGED ABOUT 65 YEARS, OCC:HOUSEHOLD WORK,
      R/O. BELGAUM.

3.    ASHOK S/O. NARASHINH SHETTY,
      AGED ABOUT 37 YEARS, OCC:BUSINESS,
      R/O. SOMAWARPET, BAILHONGAL,
      TQ:BAILHONGAL, DIST:BELGAUM.

4.    SHANKARAYYA
      S/O. GANGADHARAYYA BUDIGOPP @ HIREMATH,
      AGED ABIOUT 68 YEARS, OCC:BUSINESS,
      R/O. KESHWAPUR, HUBLI, TQ:HUBBALLI,
      DISTRICT:DHARWAD.

5.    VIJAYAKUMAR
      S/O. GANGADHARAYYA BUDIGOPPA @ HIREMATH,
      AGED ABIOUT 54 YEARS, OCC:BUSINESS,
      R/O. KESHWAPUR, HUBLI, TQ:HUBBALLI,
      DISTRICT:DHARWAD.

                                        .....RESPONDENTS

      THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 26.02.2014
PASSED IN O.S.NO.90/2011 ON THE FILE OF THE SENIOR
CIVIL JUDGE, SAUNDATTI, DECREEING THE SUIT FILED FOR
DECLARATION, PARTITION AND SEPARATE POSSESSION.


      THIS APPEAL COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING,           THIS   DAY,
DR.   H.   B.   PRABHAKARA   SASTRY,     J.,   MADE   THE
FOLLOWING:
                                              R.F.A.No.100281/2018
                               3




                             ORDER

Learned counsel for the appellants physically present.

The appellants have filed a memo dated 16.02.2022 not

pressing the appeal stating that the matter has been settled

between the parties amicably.

In view of the memo and supporting submission, the

appeal stands disposed of as not pressed.

In view of the disposal of the main appeal,

I.A.No.1/2021 does not survive for consideration.

Sd/-

JUDGE

Sd/-

JUDGE

Naa