Shri. Mallappa S/O Dundappa ... vs Smt. Mayawwa W/O Mahadev ...
2022 Latest Caselaw 11046 Kant

                             -1-




                                     RFA No. 100364 of 2018


      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

           DATED THIS THE 21ST DAY OF JULY, 2022

                          BEFORE
            THE HON'BLE MR JUSTICE E.S.INDIRESH
     REGULAR FIRST APPEAL NO. 100364 OF 2018 (PAR/POS-)
BETWEEN:

1.    SHRI. MALLAPPA S/O DUNDAPPA ANEPPANAVAR
      AGE: 38 YEARS,OCC: AGRICULTURE,
      R/O: KOUJALAGI-591227,TQ: GOKAK,
      DIST: BELAGAVI.



                                                ...APPELLANT

(BY SRI. G B NAIK AND SMT P G NAIK.,ADVOCATE)

AND:

1.    SMT. MAYAWWA W/O MAHADEV JALIPETGI @
      HALANGALI, AGE: 32 YEARS,
      OCC: HOUSEHOLD WORK and AGRICULTURE,
      R/O: SAVASUDDI-591235,
      TQ: RAIBAG, DIST: BELAGAVI.

2.    SMT.MAHADEVI W/O MAHANTESH PUJARI
      AGE: 30 YEARS, OCC: HOUSEHOLD WORK,
      R/O: RAJAPUR VILLAGE-591224,
      TQ: GOKAK,DIST: BELAGAVI.

3.    SHRI.DUNDAPPA MALLAPPA AANEPPANAVAR
      @ AANEPPAGOL,(SINCE DECEASED),
      SMT.LAKKAWWA W/O DUNDAPPA
      AANEPPANAAR @ AANEPPAGOL,
      AGE: 54 YEARS,OCC: AGRICULTURE,
      R/O: KOUJALAGI-591227,TQ: GOKAK,
      DIST: BELAGAVI.

4.    SMT.NINGAWWA W/O MARUTI BANASHI
                              -2-




                                     RFA No. 100364 of 2018


     AGE: 38 YEARS,OCC: HOUSEHOLD WORK,
     R/O: GOSBAL VILLAGE-591227,
     TQ: GOKAK,DIST: BELAGAVI.

5.   SMT.NIRMALA W/O MARUTI TURNUR @ PUJARI
     AGE: 35 YEARS,OCC: HOUSEHOLD WORK,
     R/O: TUKKANATTI VILLAGE-591224,
     TQ: GOKAK,DIST: BELAGAVI.



                                              ...RESPONDENT'S

(BY SRI. DINESH M KULKARNI.,ADVOCATE FOR C/R1 AND C/R2;
NOTICE TO RESPONDENT NOs.4,5 ARE SERVED)


      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 96

OF CPC AGAINST THE JUDGMENT AND DECREE PASSED BY THE II

ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, GOKAK, IN O.S.

445/2015 DATED 01.06.2018.

      THIS APPEAL COMING ON FOR ORDER THIS DAY. THE COURT

MADE THE FOLLOWING.


                          ORDER

Learned counsel appearing for the parties submitted

that the parties to lis have settled the matter before the II

Addl. Senior civil Judge, Gokak in FDP.No.42/2018, dated

7/6/2022 and copy of the same is also produced along

with memo dated 5/7/2022.

RFA No. 100364 of 2018

The memo is accepted and said submission has not

been countered by learned counsel appearing for the

respondents. Accordingly, appeal is disposed of in terms of

the memo.

Sd/-

JUDGE

VB