Ashok S/O Shivaji Jadhav vs Sri. Gurubasappa S/O Rachappa ...
2023 Latest Caselaw 5169 Kant

                                                           -1-
                                                                 NC: 2023:KHC-D:8159
                                                                   RSA No. 100403 of 2016




                                          IN THE HIGH COURT OF KARNATAKA

                                                   DHARWAD BENCH

                                      DATED THIS THE 2ND DAY OF AUGUST, 2023

                                                        BEFORE
                                       THE HON'BLE MR JUSTICE C.M. POONACHA
                               REGULAR SECOND APPEAL NO. 100403 OF 2016 (INJ-)
                              BETWEEN:

                              SRI. ASHOK S/O SHIVAJI JADHAV,
                              AGE:52 YEARS, OCC:BUSINESS,
                              PROP: NAVATARANG ENTERPRISES,
                              R/O P.B.HIGH SCHOOL ROAD, JAMAKHANDI,
                              TQ: JAMAKHANDI, DIST: BAGALKOT.

                                                                                ...APPELLANT

                              (BY SMT. PALLAVI S. PACHHAPURE, ADVOCATE)

           Digitally signed   AND:
           by
           SHIVAKUMAR
SHIVAKUMAR HIREMATH
HIREMATH
           Date:
                              SRI. GURUBASAPPA S/O RACHAPPA ANANTAPUR,
           2023.08.04
           22:55:13 -0700     AGE: 66 YEARS, OCC:MONEY LENDING BUSINESS,
                              R/O: GIRISH NAGAR, JAMAKHANDI, TAL: JAMAKHANDI,
                              DIST: BAGALKOT.

                                                                              ...RESPONDENT

                              (BY SRI. GURUDEV I. GACHCHINAMATH, ADVOCATE)

                                     THIS REGULAR SECOND APPEAL IS FIELD U/S. 100 OF CPC,
                              1908, AGAINST THE JUDGMENT AND DECREE DTD: 01.10.2015
                              PASSED IN R.A. NO. 13/2008 ON THE FILE OF THE 1 ADDL.
                              DISTRICT AND SESSIONS JUDGE, BAGALKOT SIT AT JAMAKHANDI,
                              DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
                              DECREE DTD: 19.12.2007 AND THE DECREE PASSED IN O.S. NO.
                              4/2005 ON THE FILE OF THE PRL. CIVIL JUDGE (JR. DN) JAMKHANDI.
                                      -2-
                                              NC: 2023:KHC-D:8159
                                               RSA No. 100403 of 2016




        THIS     REGULAR      SECOND       APPEAL,   COMING     ON     FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                               JUDGMENT

Learned counsel for the appellant has filed a memo

which reads thus:

"MEMO FOR WITHDRAWAL OF APPEAL

It is respectfully submitted before this Hon'ble Court that as per the instructions of the appellant over telephone, both the appellant and respondent have settled their dispute outside the Court. Hence, appellant herein seeks leave of this Court to withdraw the above appeal as having settled out of Court, in the interest of justice."

In view of the aforementioned, the above appeal is

dismissed as withdrawn.

(Sd/-) JUDGE

SVH