Smt. Basavva W/O Mallikarjun ... vs Rayappa S/O Siddappa Matagar
2022 Latest Caselaw 9831 Kant

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                                    RSA No. 100494 of 2017


     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

          DATED THIS THE 28TH DAY OF JUNE, 2022

                          BEFORE
           THE HON'BLE MR JUSTICE E.S.INDIRESH
     REGULAR SECOND APPEAL NO. 100494 OF 2017 (PAR-)
BETWEEN:

1.   SMT. BASAVVA W/O MALLIKARJUN MATAGAR
     AGED ABOUT 39 YEARS,OCC: HOUSEHOLD WORK,
     R/O: TEGGIHAL,TQ: SAUNDATTI,
     DIST: BELAGAVI-591117.


                                                ...APPELLANT

(BY SRI. RAJASHEKHAR S BURJI.,ADVOCATE)

AND:

1.   RAYAPPA S/O SIDDAPPA MATAGAR
     AGED ABOUT 77 YEARS,
     OCC: AGRICULTURE,
     R/O: TEGGIHAL,TQ: SAUNDATTI,
     DIST: BELAGAVI-591117.

2.   SMT.IRAVVA W/O RAYAPPA MATAGAR
     AGED ABOUT 67 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: TEGGIHAL,TQ: SAUNDATTI,
     DIST: BELAGAVI-591117.

3.   NINGAVVA W/O BASAPPA SUNKAD
     AGED ABOUT 57 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: TEGGIHAL,TQ: SAUNDATTI,
     DIST: BELAGAVI-591117.

4.   SIDDAPPA S/O RAYAPPA MATAGAR
     AGED ABOUT 52 YEARS,
     OCC: AGRICULTURE,
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                                         RSA No. 100494 of 2017


     R/O: TEGGIHAL,TQ: SAUNDATTI,
     DIST: BELAGAVI-591117.

5.   SMT.YALLAVVA W/O BASALINGAPPA @ BASANINGAPP
     KOLAVI,AGED ABOUT 47 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: TEGGIHAL,TQ: SAUNDATTI,
     DIST: BELAGAVI-591117.

6.   UMESH S/O SIDDAPPA MATAGAR
     AGED ABOUT 27 YEARS,
     OCC: AGRICULTURE,
     R/O: TEGGIHAL,TQ: SAUNDATTI,
     DIST: BELAGAVI-591117.



                                                   ...RESPONDENT'S

(BY SRI.Y.LAKSHMIKANT REDDY.,ADVOCATE FOR R3;

      SRI. SHIVRAJ S BALLOLI, ADV., FOR R4 TO 6)

      THIS RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE

JUDGMENT AND DECREE DATED 31.03.2017 PASSED IN RA NO.

7/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, SAUNDATTI,

ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND

DECREE DTD: 07.01.2016 PASSED IN O.S. NO. 127/2010 ON THE

FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,

SAUNDATTI,   DECREEING    THE     SUIT   FILED   FOR   PARTITION,

SEPARATE POSSESSION AND PERMANENT INJUNCTION.

      THIS APPEAL COMING ON FOR ORDER THIS DAY. THE COURT

MADE THE FOLLOWING.
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                                          RSA No. 100494 of 2017


                              ORDER

Learned counsel appearing for the appellant submits that

parties to lis have entered into compromise in FDP.No.3/2021 on

the file of the Prl. Civil Judge and JMFC, Saundatti.

The said submission is not countered by the learned counsel

representing the respondents.

The memo dated 7/12/2021 filed by respondent No.6 is

accepted and accordingly, the appeal is disposed of as withdrawn.

Sd/-

JUDGE

VB