Basavaraj S/O Dundappa Desai vs Rachappan S/O Dundappa Desai
2022 Latest Caselaw 5588 Kant

 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

      DATED THIS THE 28 T H DAY OF MARCH, 2022

                         BEFORE

       THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


           R.F.A.NO.100068/2021 (DEC/INJ)

BETWEEN:

BASAVARAJ,
S/O DUNDAPPA DESAI,
AGE: 62 YEARS,
OCC: AGRICULT URE,
R/O AMMALJARI-587 116,
TQ: BILAGI,
DIST: BAGALK OTE.
                                          ... APPELLANT

(BY SRI JAGADISH PATIL, ADVOCATE)

AND

1.    RACHAPPA,
      S/O DUNDAPPA DESAI,
      AGE: 72 YEARS,
      OCC: RTD.LECT URER,
      R/O AMMALJARI-587 116,
      TQ: BILAGI,
      DIST: BAGALK OTE.

2.    GOVINDAPPA,
      S/O DUNDAPPA DESAI,
      AGE: 66 YEARS,
      OCC: AGRICULT URE,
      R/O AMMALJARI-587 116,
      TQ: BILAGI,
      DIST: BAGALK OTE.
                                       ... RESPONDENTS

(BY SRI B.S.KAMATE, ADVOCATE FOR R1;
 NOTICE TO R2 SERVED)
                                2




     THIS REGULAR FIRST APPEAL I S FILED UNDER
SECTION 96 OF CIVIL PROCEDURE CODE, 1908, AGAINST
THE JUDGMENT AND DECREE DATED 13.10.2020 PASSED IN
O.S.NO.34/2016 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE, JAMKHANDI, DECREEI NG THE SUIT FILED FOR
DECLARATION, PARTITION AND SEPARATE POSSESSION AND
INJUNCTION.

     THIS APPEAL COMING ON FOR FINAL HEARING THI S
DAY, THE COURT , MADE THE FOLLOWING:

                            ORDER

This appeal is filed challenging preliminary

decree dated 13.10.2020 passed by Additional Senior

Civil Judge, Jamkhandi in O.S.No.34/2016.

2. It is submitted by learned counsel that in

pursuance of preliminary decree FDP No.9/2021 was

filed before Principal Senior Civil Judge and J.M.F.C.,

Jamkhandi. In the said proceedings, parties have filed

compromise petition on 21.03.2022. But interim order

against drawing up of final decree granted by this

Court was coming in the way of recording compromise

petition and disposal of final decree proceedings.

3. Annexing copy of compromise petition,

learned counsel for appellant has filed a memo for

withdrawal of appeal.

4. Taking memo on record, appeal is dismissed

as withdrawn. It is clarified that Trial Court shall

proceed with recording compromise and drawing up of

final decree.

Sd/-

JUDGE

CLK