Karnataka High Court
Shivaleela vs Rekha on 11 March, 2022
Bench: Suraj Govindaraj
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
REGULAR SECOND APPEAL NO. 100595 OF 2015 (PAR-)
BETWEEN:
1. SHIVALEELA W/O MALLESHAPPA ANGADI,
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O: APMC RAOD, GADAG-582101
2. SANGAMMA D/O MALLESHAPPA ANGADI
AGE: 26 YEARS, OCC: HOUSEHOLD WORK,
R/O: APMC, GADAG-582101
3. SUBHAS S/O MALLESHAPPA ANGADI
AGE: 24 YEARS, OCC: HOUSEHOLD WORK,
R/O: APMC, GADAG-582101
...PETITIONER'S
(BY SRI. K.L.PATIL, SRI. S.S.BETURMATH, SRI. G.S.GURAV,
SMT. P.S.TADAPATRI, SRI. A.S.HOSUR, ADVOCATES)
AND:
1. SMT. REKHA W/O SIDDAPPA ANGADI,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O: ANGADI VAKHAR,
APMC, ROAD, GADAG-582101
2. MISS. TEJOLAXMI D/O SIDDAPPA ANGADI,
AGE: 23 YEARS,
R/O: ANGADI VAKHAR,
APMC ROAD, GADAG-582101
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RSA No. 100595 of 2015
3. ADIVEPPA S/O VEERAPPA ANGADI,
AGE: 61 YEARS, OCC: MEDICAL PRACTITIONER,
R/O: S S LAYOUT, A BLOCK 1669/71,
BEHIND LAXMI FLOUR MILLS,
DAVANGERE-577002
4. SMT. ANNAPOORNA W/O VISHWESHWARAPPA ANGADI,
AGE: 49 YEARS, OCC: HOUSEHOLD,
R/O: OPP.NEW BUS STAND,
MUNDARGI ROAD, GADAG -582101
5. BIPIN S/O VISHWESHWARAPPA ANGADI,
AGE: 26 YEARS,
R/O: OPP.NEW BUS STAND,
MUNDARGI ROAD, GADAG-582101
UMESH VEERAPPA ANGADI
SINCE DECEASED BY HIS LRS,
6. SMT. PIRYADARSHINI W/O UMESH ANGADI
AGE: 51 YEARS, OCC: HOUSEHOLD WORK,
R/O: HAVERI PETH,
MRUTYUNJAYA NAGAR,
DHARWAD -580008
7. NEELANAVAMI D/O UMESH ANGADI,
AGE: 19 YEARS,
R/O: HAVERI PETH,
MRUTYUNJAYA NAGAR,
DHARWAD-580008
8. SMT. SUVARNA W/O SANGANABASAPPA TURMURE
AGE: 67 YEARS,
OCC: HOUSEHOLD WORK,
R/O:MRUTYUNJAYA NAGAR,
DHARWAD-580008
...RESPONDENTS
(SMT. JYOTI P. DESAI AND SRI. S.B.VANDAKUDAI, ADVOCATES
FOR C/R1, R2 IN CP NO.20170/2015)
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RSA No. 100595 of 2015
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 20.04.2015 PASSED IN
R.A.NO.8/2013 ON THE FILE OF THE ADDITIONAL DISTRICT AND
SESSIONS JUDGE, AT GADAG, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 03.12.2012
AND THE DECREE PASSED IN O.S.NO.184/2003 ON THE FILE OF
THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG, DECREEING THE
SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Sri. K.L.Patil, learned counsel for the petitioner submits that,
the above matter has been settled on 08.07.2017 before the
Lok Adalath, in FDP No.30/2015 on the file of the Addl.
Senior Civil Judge Court, Gadag.
2. He further submits that, subsequent to the said settlement,
the appellant No.1 has expired. On enquiry, he submits that,
the appellant No.1 was alive and was a party to the Lok
Adalath proceedings and settlement of the matter.
3. Since the settlement has been made during the life time of
the appellant No.1, there would be no reason to bring the
legal representatives of the appellant No.1 on record, as the
legal representatives of the deceased appellant No.1.
RSA No. 100595 of 2015
4. As such, I accept the submission of Sri. K.L.Patil, learned
counsel for the petitioner that the matter has been settled
before the Lok Adalath.
5. In view of the memo and the supporting submission of the
learned counsel for the petitioners, the petition is dismissed
as withdrawn.
Sd/-
JUDGE
SVH
