Sri Suman W/O. Sahadev Dhanukar vs Smt Indutai W/O. Maruti ...
2022 Latest Caselaw 10224 Kant

                              -1-




                                      RSA No. 100597 of 2020


     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

           DATED THIS THE 04TH DAY OF JULY, 2022

                           BEFORE
           THE HON'BLE MR JUSTICE E.S.INDIRESH
     REGULAR SECOND APPEAL NO. 100597 OF 2020 (PAR-)
BETWEEN:

SRI SUMAN W/O. SAHADEV DHANUKAR
AGED ABOUT 82 YEARS, OCC : HOUSEHOLD WORK,
R/O : KUDACHI, TQ and DIST : BELAGAVI-590002

                                                  ...APPELLANT

(BY SRI. H M DHARIGOND, ADVOCATE)

AND:

      SMT INDUTAI, W/O.MARUTI KAMANNACHE
      SINCE DECEASED BY HER LRS

      NOTE : SINCE THE DEFENDANT NO.1(A)
      MARUTI APPU KAMANCHE
      EXPIRE AFTER JUDGMENT IN R.A.
      HE WAS NOT MADE AS PARTY AND THE
      RESPONDENTS 1 TO 4 HEREIN ALREADY ON RECORD

1.    SRI.MONAPPA S/O. MARUTI KAMANACHE
      AGE ABOUT 57 YEARS, OCC : AGRICULTURE,
      OCC : CONTRACTOR,
      R/O : TOPKAR GALLI,
      NANDIHALLI, TQ and DIST : BELAGAVI-590002

2.    SMT.KRISHNABAI W/O. SIDRAI DESURKAR
      AGE ABOUT 67 YEARS,
      OCC : HOUSEHOLD AND AGRICULTURE,
      R/O. GURALGUNJI ROAD,
      NANDIHALLI, TQ and DIST : BELAGAVI-590002
                             -2-




                                   RSA No. 100597 of 2020


3.   SMT.SHANTA W/O. BABURAO PAWAR
     AGED ABOUT 61 YEARS,
     OCC : HOUSEHOLD AND AGRICULTURE,
     R/O : H.NO.312, PATIL GALLI,
     KAKOLI, TQ : KHANAPUR,
     DIST : BELAGAVI-590002

4.   SMT.SARADA W/O.JOTIBA MANGANAKAR
     AGED ABOUT: 56 YEARS, OCC : HOUSEHOLD,
     R/O : H.NO.223, ANANT GALLI,
     MACHE, TQ and DIST : BELAGAVI-590002

5.   SRI.VIJAY GAJANAN OULKAR
     AGED ABOUT 68 YEARS, OCC : BUSINESS,
     R/O C/O. SHAMBU APPAJI PHOTO STUDIO
     NEAR FISH MARKET, CAMP BELAGAVI
     DIST : BELAGAVI.

6.   SRI.KALLAPPA S/O. YELLAPPA AMBAJI
     AGED ABOUT 66 YEARS, OCC : AGRICULTURE,
     R/O : LAXMI NAGAR, KHANAPUR,
     DIST : BELAGAVI
                                            ...RESPONDENTS

(R1 TO R5 - SERVED)

      THIS RSA IS FILED U/SEC.100 OF CPC, AGAINST THE
JUDGEMENT AND DECREE DATED 27.10.2016 PASSED IN
R.A.NO.220/2014 ON THE FILE OF THE XI ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BELAGAVI,         DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DTD.01.09.2014, PASSED IN O.S. NO.272/2005 ON
THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE,
BELAGAVI, DISMISSING THE SUIT FILED FOR PARTITION,
SEPARATE POSSESSION AND DECLARATION.
                                 -3-




                                         RSA No. 100597 of 2020


      THIS APPEAL COMING ON FOR ORDERS THIS DAY. THE
COURT MADE THE FOLLOWING:

                             ORDER

Learned counsel appearing for the appellant has filed a

memo dated 22.06.2022 and submitted that the appellant herein

has already challenged the impugned judgment and decree in

Regular Second Appeal No.101016/2016 and In that view of the

matter, seeks to withdraw this appeal.

Accepting the reasons stated in the memo dated 22.06.2022,

the appeal stands disposed of as withdrawn.

Sd/-

JUDGE

gab