Gopinath S/O Baburao Kuradekar @ ... vs Mustaqahmed S/O Mehaboobsab ...
2022 Latest Caselaw 3614 Kant

  IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

        DATED THIS THE 3 R D DAY OF MARCH, 2022

                          BEFORE

       THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


              R.S.A. NO.100167/2020 (DEC.)


BETWEEN

GOPINATH S/O BABURAO KURADEKAR @ SHET
AGE:56 Y EARS, OCC: MEDICAL PRACTITIONER,
R/O H.NO.208, BANKERS COLONY , T Q: GADAG
                                              ...APPELLANT
(BY SRI.C.S.SHET TAR, SRI .J.A.PATTAR &
SMT.KAVYA C., ADVS.)


AND

MUSTAQAHMED S/O MEHABOOBSAB LAXMESHWAR
AGE:57 Y EARS, OCC: AUT O CONSULT ANT,
R/O: USGINAKATTI ONI, NEAR AKSA MASJID,
GADAG-580 009
                                         ...RESPONDENT
(BY SRI.SADI Q N.GOODWALA, ADV. FOR C/R)


     THIS RSA IS FILED UNDER SECTI ON 100 READ WITH
ORDER XLII RULE 1 OF CPC, AGAINST THE JUDGEMENT &
DECREE DATED 03.02.2020 PASSED IN R.A. NO.21/2019 ON
THE FILE OF THE ADDITIONAL SENI OR CIVI L JUDGE, GADAG,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 18.01.2019, PASSED IN O.S. NO.162/2014
ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC,
GADAG, DECREEI NG THE SUIT FI LED FOR DECLARATION AND
POSSESSI ON.


    THIS RSA COMING ON FOR ORDERS           THIS   DAY,   T HE
COURT , DELIVERED THE FOLLOWING:
                                           2




                               JUDGMENT

Learned counsel for the appellant has filed a memo

which reads as under:

"It is submitted that pending appeal for consideration, the Respondent moved petition for execution of the impugned judgment and decree and in the said execution case EX. Case No.45/2019, the parties herein have arrived at the settlement and have also filed the compromise petition. The same is accepted by the executing Court and the execution case is closed as being fully satisfied. Hence prayer made in this appeal does not survive for consideration. Order sheet in Ex.C. No.45/2019 is produced along with this memo.

Therefore it is most humbly prayed that the Hon'ble Court may kindly be pleased to permit the Appellant to withdraw the second appeal, in interest justice and equity."

In view of the memo, appeal is dismissed as

withdrawn.

SD/-

JUDGE Rsh