Shankrappa Fakkirappa Chillur ... vs Smt.Ningamma D/O Basvaraj ...
2022 Latest Caselaw 12165 Kant

                                               -1-




                                                        RFA No. 100106 of 2019


                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 26TH DAY OF SEPTEMBER, 2022

                                            BEFORE
                              THE HON'BLE MR JUSTICE H.P.SANDESH
                            REGULAR FIRST APPEAL NO. 100106 OF 2019
                                           (PAR/DEC)
                    BETWEEN:

                    1.    SHANKRAPPA FAKKIRAPPA
                          CHILLUR (MUDIMALLA)
                          AGE: 44 YEARS,
                          OCC: AGRICULTURE,
                          R/O: YAREBUDIHAL,
                          TQ: KUNDAGOL,
                          DISTRICT: DHARWAD.

                    2.    VINAYAK SHANKRAPPA
                          CHILLUR (MUDIMALLA)
                          AGE: 9 YEARS,
                          OCC: STUDENT,
                          (SINCE MINOR REPRESENTED BY
          Digitally       HIS NATURAL MOTHER
          signed by J
          MAMATHA         SMT.RENUKA
J         Location:
MAMATHA   Dharwad         W/O SHANKRAPPA
          Date:
          2022.09.27
          16:40:16
                          CHILLUR (MUDIMALLA)
          +0530
                                                                 ...APPELLANTS

                                (BY SRI. C.R. HIREMATH, ADVOCATE)

                    AND:

                    1.    SMT.NINGAMMA
                          D/O. BASVARAJ MUDIMALLA
                          (MUDIMALLANAVAR)
                          AGE: 24 YEARS,
                          OCC: AGRICULTURE,
                          R/O: YAREBUDIHAL,
                           -2-




                                  RFA No. 100106 of 2019


     TQ: KUNDAGOL,
     DISTRICT: DHARWAD.

2.   BASAVARAJ
     S/O FAKKIRAPPA MUDIMALLA
     (MUDIMALLANAVAR)
     AGE: 52 YEARS,
     OCC: AGRICULTURE,
     R/O: YAREBUDIHAL,
     TQ: KUNDAGOL,
     DISTRICT: DHARWAD.

3.   FAKKIRESH BASAVARAJ MUDIMALLA
     (MUDIMALLANAVAR)
     AGE: 26 YEARS,
     OCC: AGRICULTURE,
     R/O: YAREBUDIHAL,
     TQ: KUNDAGOL,
     DISTRICT: DHARWAD.

4.   PUNEET BASAVARAJ MUDIMALLA
     (MUDIMALLANAVAR)
     AGE: 16 YEARS,
     OCC: STUDENT,
     R/O: YAREBUDIHAL,
     TQ: KUNDAGOL,
     DISTRICT: DHARWAD.

     (SINCE HE IS MINOR,
     REPRESENTED BY HIS
     NATURAL FATHER DEFT NO.1).

5.   KAVITA
     D/O. BASAVARAJ MUDIMALLA
     (MUDIMALLANAVAR)
     AGE: 22 YEARS,
     OCC: AGRICULTURE,
     R/O: YAREBUDIHAL,
     TQ: KUNDAGOL,
     DISTRICT: DHARWAD.
                             -3-




                                    RFA No. 100106 of 2019


6.   SMT.MANJULA
     W/O. BASAVARAJ MUDIMALLA
     (MUDIMALLANAVAR)
     AGE: 40 YEARS,
     OCC: AGRICULTURE,
     R/O: YAREBUDIHAL,
     TQ: KUNDAGOL,
     DISTRICT: DHARWAD.
                                            ...RESPONDENTS
     (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR C/R1)
     THIS RFA IS FILED UNDER ORDER 41, RULE 1 READ
WITH SECTION 96 OF CPC, AGAINST THE JUDGMENT AND
DECREE DTD 21.01.2019 PASSED IN O.S.NO.15/2017 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, KUNDGOL, DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.

     THIS APPEAL COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

Learned counsel for the appellants has filed a memo

for dismissal of the appeal as not pressed, since the

matter has already been settled among the parties.

In view of the memo, the appeal is dismissed as not

pressed.

Sd/-

JUDGE ST