Satteppa @ Baba S/O Balasab ... vs Sujay S/O Noorand @ Narendra ...
2022 Latest Caselaw 3230 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

     DATED THIS THE 24TH DAY OF FEBRUARY, 2022

                      PRESENT

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

                        AND

       THE HON'BLE MR. JUSTICE S. RACHAIAH

                RFA.NO.100375/2019

BETWEEN


1.    SATTEPPA @ BABA S/O BALASAB JAMKHANDI,
      AGED ABOUT: 59 YEARS, OCC: AGRICULTURE,
      R/O: ARABHAVI, TQ: GOKAK,
      DIST: BELAGAVI-591307.

2.    SMT.BHARATI W/O LOKESH,
      AGED ABOUT: 57 YEARS, OCC: HOUSEHOLD,
      R/O: ARABHAVI, TQ: GOKAK,
      DIST: BELAGAVI-591307.

3.    SRI.APPASAB S/O BALASAB JAMKHANDI,
      AGED ABOUT: 55 YEARS, OCC: AGRICULTURE,
      R/O: ARABHAVI, TQ: GOKAK,
      DIST: BELAGAVI-591307.

4.    CHANDRASHEKAR S/O BALASAB JAMKHANDI,
      AGED ABOUT: 53 YEARS, OCC: AGRICULTURE,
      R/O: ARABHAVI, TQ: GOKAK,
      DIST: BELAGAVI-591307.

5.    RAJSHEKHAR S/O BALASAB JAMAKHANDI,
                                 RFA.NO.100375/2019
                         2


     AGED ABOUT: 51 YEARS, OCC: AGRICULTURE,
     R/O: ARABHAVI, TQ: GOKAK,
     DIST: BELAGAVI-591307.
                                      ... APPELLANTS
(BY SRI. GURUDEV GACHCHINAMATH, ADV.)

AND

1.    SUJAY S/O NOORAND @ NARENDRA JAMAKHANDI,
      AGED ABOUT: 31 YEARS, OCC: STUDENT,
      R/O: ARABHAVI, TQ: GOKAK,
      DIST: BELAGAVI-591307.

2.    SMT.NIRMALA W/O NOORAND @
      NARENDRA JAMAKHANDI
      AGED ABOUT: 64 YEARS, OCC: PENSIONER,
      R/O: ARABHAVI, TQ: GOKAK,
      DIST: BELAGAVI-591307.

3.    SMT.CHANDRALEELA W/O RAMU @
      RAMAPPA JAMAKHANDI,
      AGED ABOUT: 71 YEARS,
      OCC: HOUSEHOLD WORK,
      R/O: ARABHAVI, TQ: GOKAK,
      DIST: BELAGAVI-591307.

4.    SUNIL S/O RAMU @ RAMAPPA JAMKHANDI,
      AGED ABOUT: 45 YEARS, OCC: HOUSEHOLD WORK,
      R/O: ARABHAVI, TQ: GOKAK,
      DIST: BELAGAVI-591307.

5.    SUDHIR S/O RAMU @ RAMAPPA JAMKHANDI,
      AGED ABOUT: 45 YEARS, OCC: HOUSEHOLD WORK,
      R/O: ARABHAVI, TQ: GOKAK,
      DIST: BELAGAVI-591307.

6.    ARATI W/O ARUN WADEYAR,
      AGED ABOUT: 43 YEARS,
      OCC: HOUSEHOLD WORK,
                                  RFA.NO.100375/2019
                           3


       R/O: C/O ARUN M. WADEYAR,
       LIG 142, NEAR KHB COLONY,
       PRAJA NAGAR, NEXT TO SANTI NAGAR,
       NAVANAGAR, HUBBALLI,
       TQ: HUBBALLI,
       DIST: DHARWAD-580030.

7.     CHITRA W/O SAIKUMAR KATTIMANI,
       AGED ABOUT: 43 YEARS,
       OCC: HOUSEHOLD WORK,
       R/O: C/O SRI.S.M. KATTIMANI,
       ISRO QUARTERS, H.NO.3D/503,
       NEAR HMT WATCH FACTORY,
       BENGALURU-560001.

8.     ANIL S/O GANGADHAR JAMAKHANDI,
       AGED ABOUT: 47 YEARS, OCC: AGRICULTURE,
       R/O: ARABHAVI, TQ: GOKAK,
       DIST: BELAGAVI-591307.

9.     PRASHANT S/O GANGADHAR JAMAKHANDI,
       AGED ABOUT: 45 YEARS, OCC: AGRICULTURE,
       R/O: ARABHAVI, TQ: GOKAK,
       DIST: BELAGAVI-591307.

10.    KUMADINI D/O GANGADHAR JAMAKHANDI,
       AGED ABOUT: 39 YEARS, OCC: HOUSEHOLD WORK,
       R/O: ARABHAVI, TQ: GOKAK,
       DIST: BELAGAVI-591307.
                                         ....RESPONDENTS
(BY   SRI. SANJAY S KATAGERI, ADV. FOR R1 & R2
SRI   VITTHAL S. TELI, ADV.FOR R-3 & R-6
R-7   & 9 UNSERVED
R-8   & R-10 HELD SUFFICIENT V/C/O DTD 15.02.2021)


     THIS APPEAL IS FILED UNDER SEC. 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 12.04.2018
PASSED IN O.S.NO.141/2015 ON THE FILE OF THE
                                       RFA.NO.100375/2019
                              4


PRINCIPAL  SENIOR    CIVIL  JUDGE,   GOKAK,  PARTLY
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.


      THIS    APPEAL    COMING      ON    FOR ORDERS, THIS
DAY, DR. H.B. PRABHAKARA SASTRY, J., MADE THE
FOLLOWING:


                           ORDER

Both side present and submit that the matter has been

settled between the parties amicably. In that regard, the

learned counsel for appellants has also filed a memo.

2. In view of the memo and supporting submission

from both side, the appeal stands disposed of as having

settled between the parties out of this Court.

Sd/-

JUDGE

Sd/-

JUDGE

Bss