Basavaraj S/O Shivappa Halamani vs Ishwarappa S/O Vaijappa ...
2022 Latest Caselaw 11010 Kant

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                                      RSA No. 100146 of 2015


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 20TH DAY OF JULY, 2022

                          BEFORE
         THE HON'BLE MR JUSTICE E.S.INDIRESH
 REGULAR SECOND APPEAL NO.100146 OF 2015 (POS)
BETWEEN:

1.   BASAVARAJ S/O SHIVAPPA HALAMANI,
     AGE: 52 YEARS,OCC: SERVICE,
     R/O. MARIHAL,TQ AND DIST: BELAGAVI.

2.   SURESH S/O SHIVAPPA HALAMANI,
     AGE: 37 YEARS,OCC: AGRICULTURE,
     R/O. MARIHAL,TQ AND DIST: BELAGAVI.


                                                  ...APPELLANTS

(BY MS. SURABHI KULKARNI, ADVOCATE)

AND:

1.   ISHWARAPPA S/O VAIJAPPA WALISHETTY,
     AGE: MAJOR, OCC: BUSINESS,
     R/O. MARIHAL, TQ AND DIST: BELAGAVI.

                                                 ...RESPONDENT

(BY SMT. DEEPA J, ADVOCATE FOR
 SRI.MRUTYUNJAY TATA BANGI, ADVOCATE)

       THIS   REGULAR   SECOND     APPEAL   IS   FILED   UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE
JUDGMENT      AND   DECREE   DATED    6/11/2014    PASSED   IN
RA.NO.39/2008 ON THE FILE OF THE FAST TRACK COURT-II
AND ADDITIONAL DISTRICT JUDGE, BELAGAVI, DISMISSING
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                                             RSA No. 100146 of 2015


JUDGMENT          AND    DECREE    DATED     4/11/2002       PASSED    IN
O.S.NO.548/1995 ON THE FILE OF II ADDITIONAL CIVIL JUDGE
(JR.DN),       BELAGAVI,      DISMISSING     THE      SUIT   FILED    FOR
POSSESSION AND MANDATORY INJUNCTION.

        THIS APPEAL IS COMING ON FOR ADMISSION THIS DAY.
THE COURT DELIVERED THE FOLLOWING.

                              JUDGMENT

This Regular Second Appeal is filed by the plaintiff

challenging the Judgment and Decree dated 06th November,

2014 passed in Regular Appeal No.39 of 2008 on the file of Fast

Track Court-II and Additional District Judge, Belagavi,

confirming the Judgment and Decree dated 04th November,

2022 passed in Original Suit No.548 of 1995 on the file of the II

Additional Civil Judge (Jr. Dn.), Belagavi, dismissing the suit.

2. Heard the learned counsel for the parties.

3. Smt. Deepa J., learned counsel appearing for the

respondent submitted that the there is no encroachment as

alleged by the appellant herein and the same has been

considered by both the courts below. She has also produced

photographs showing that the construction made by the

respondent is on the wall of the building belonging to the

RSA No. 100146 of 2015

respondent herein. The same is not countered by the learned

counsel for the appellants.

4. The learned counsel appearing for the appellants has

filed a Memo 20th July, 2022 stating that in view of the recent

developments, the prayer in the suit does not survive and in

that view of the matter, she prays leave of the court to

withdraw the appeal. Memo is placed on record. In the light of

the memo, appeal is disposed of as withdrawn.

Sd/-

JUDGE

LNN