Karnataka High Court
Tarosa @ Toranasa S/O Ganapathsa ... vs Komal D/O Surendrasa Havanoor on 2 November, 2022
Bench: Suraj Govindaraj, G Basavaraja
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RFA No. 100110 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF NOVEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
RFA NO. 100110 OF 2020 (PAR/POS)
BETWEEN:
1. TAROSA @ TORANASA,
S/O. GANAPATHSA HAVANOOR,
AGE: 35 YEARS, OCC: BUSINESS,
R/O: DOOR GALLI,
GANGAPURPETH,
GADAG-582101,
TQ and DIST: GADAG.
2. MANJUNATH
S/O. TAROSA @ TORANASA HAVANOOR,
AGE: 49 YEARS, OCC: BUSINESS,
R/O: DOOR GALLI, GANGAPURPETH,
GADAG-582101,
TQ and DIST: GADAG.
3. NAGARAJ
S/O. TAROSA @ TORANASA HAVANOOR,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: KUMBAR ONI, GANGAPURPETH,
GADAG-582101,
Digitally
signed by
TQ AND DIST: GADAG.
ROHAN
ROHAN HADIMANI T
HADIMANI
Date:
T 2022.11.05
10:27:54
+0530
4. RAGHUNATH
S/O. TAROSA @ TORANASA HAVANOOR,
AGE: 40 YEARS, OCC: BUSINESS,
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RFA No. 100110 of 2020
R/O: KUMBAR ONI, GANGAPURPETH,
GADAG-582101,
TQ AND DIST: GADAG.
5. GANAPATHSA
S/O. TAROSA @ TORANASA HAVANOOR,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: DOOR, GANGAPURPETH,
GADAG-582101,
TQ AND DIST: GADAG.
6. SMT.LALITABAI,
W/O. BHEEMASENASA RAIBAGI,
AGE: 63 YEARS, OCC: HOUSEHOLD,
R/O: GANJIPETH, GAJENDRAGAD,
GADAG-582101,
TQ AND DIST: GADAG.
... APPELLANTS
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
1. KOMAL, D/O. SURENDRASA HAVANOOR,
AGE: MAJOR, OCC: STUDENT,
R/O: KUMBAR ONI, GANGAPURPETH,
GADAG-582101,
TQ AND DIST: GADAG.
2. SHEETAL, D/O. SURENDRASA HAVANOOR,
AGE: 19 YEARS, OCC: STUDENT,
R/O: KUMBAR ONI, GANGAPURPETH,
GADAG-582101,
TQ AND DIST: GADAG.
3. SURENDRASA,
S/O. TAROSA @ TORANASA HAVANOOR,
AGE: 53 YEARS, OCC: NIL,
R/O: DOOR GALLI,
GANGAPURPETH,
GADAG-582101.
...RESPONDENTS
(BY SRI. GANESH RAIBAGI, ADVOCATE)
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RFA No. 100110 of 2020
THIS RFA FILED IS UNDER SECTION 96 READ WITH
ORDER 41 RULE 1 OF CPC., 1908, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DTD:14.11.2019 PASSED IN
O.S.NO.161/2015 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, GADAG AS
NULL AND VOID AND DISMISS THE SUIT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
SURAJ GOVINDARAJ, J., DELIVERED THE FOLLOWING:
JUDGMENT
1. Learned counsel for the appellants has filed a memo
dated 27.10.2022 seeking for the withdrawal of the
above appeal. Along with the said memo an
ordersheet in FDP No.5/2020 has been produced.
2. Sri. Dinesh M.Kulkarni, learned counsel refers to the
order dated 25.06.2022 and submits that a
compromise petition has been filed in the said FDP
No.5/2020 which has been taken on record.
However, the drawing up of final decree is subject to
the production of the final order of this Court
withdrawing the above petition.
3. In view thereof, the memo is taken on record. The
submission made by Sri. Dinesh M.Kulkarni, learned
RFA No. 100110 of 2020
counsel for the appellants and Sri. Ganesh Raibagi,
learned counsel for the respondents that the dispute
between the parties has been settled is placed on
record. The appeal is dismissed as withdrawn.
Sd/-
JUDGE
Sd/-
JUDGE
RH
