Shantawwa W/O. Irappa Hadapad vs Mallavva @ Seetavva W/O Vithal ...
2022 Latest Caselaw 3049 Kant

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 22ND DAY OF FEBRUARY 2022

                          BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

       REGULAR SECOND APPEAL NO.100279 OF 2014 (PAR)

BETWEEN
SHANTAWWA W/O. IRAPPA HADAPAD
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. INGALAGI, TQ:AND DIST: BAGALKOT,
PIN : 587202.
                                                 ...APPELLANT

(BY SRI. P N HOSAMANE, ADVOCATE)

AND
1.    MALLAVVA @ SEETAVVA W/O VITHAL HADAPAD
      AGE: 42 YEARS, OCC: HOUSEHOLD WORK
      R/O. UDAGATTI, TQ: BADAMI
      DIST: BAGALKOT-587202.

2.    RANGAVVA W/O. HANAMAPPA HADAPAD
      AGE: 74 YEARS, OCC:HOUSEHOLD WORK
      R/O. INGALAGI,
      TQ: AND DIST: BAGALKOT-587202

3.    LAKSHMAVVA W/O. YAMANAPPA HADAPAD
      AGE: 43 YEARS, OCC: HOUSEHOLD WORK
      R/O. INGALAGI NOW AT UDAGATTI
      TQ: BADAMI, DIST: BAGALKOT -587202.

                                               ...RESPONDENTS

(BY SRI. PRABHAKAR A KULKARNI, ADV., FOR R1;
SRI. GANESH RAIBAGI, ADV., FOR R3;
R1 AND R3 ARE LRS OF R2)
                                    2




     THIS RSA IS FILED U/S.100 OF CPC, PRAYING TO THE
JUDGEMENT       &    DECREE      DATED   27.01.2014       PASSED    IN
R.A.NO.58/2010 BY THE DISTRICT & SESSIONS JUDGE, BAGALKOT
AND THE JUDGMENT AND DECREE DATED 04.09.2008 AND THE
DECREE PASSED IN O.S. NO.71/2007 BY THE PRL. CIVIL JUDGE
(SR.DN.),    BAGALKOT,      DECREEEING      THE    SUIT   FILED    FOR
PARTITION & SEPARATE POSSESSION.


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


                             JUDGMENT

Learned counsel for the appellant has filed a memo

stating that the matter is amicably settled in subsequent

suit in O.S.No.4/2016. Therefore, the appellant seeks

leave of this Court to withdraw the present appeal.

2. The memo is taken on record. In the memo it

is stated that the respondents have relinquished their

share over the suit property and in terms of

relinquishment, the final decree proceedings in FDP

No.12/2014 is also closed. In view of the above, the

appellant is permitted to withdraw this appeal.

3. In view of disposal of the appeal, pending

interlocutory applications, if any, do not survive for

consideration and are dismissed accordingly.

Sd/-

JUDGE YAN