Basappa S/O Basavanneappa ... vs Satteppa S/O Shivarayappa ...
2023 Latest Caselaw 5382 Kant

                                                           -1-
                                                                 NC: 2023:KHC-D:8481
                                                                     RSA No. 5346 of 2011




                                         IN THE HIGH COURT OF KARNATAKA

                                                   DHARWAD BENCH

                                     DATED THIS THE 7TH DAY OF AUGUST, 2023

                                                        BEFORE
                                     THE HON'BLE MR JUSTICE C.M. POONACHA
                                REGULAR SECOND APPEAL NO. 5346 OF 2011 (INJ-)
                              BETWEEN:

                              BASAPPA S/O BASAWANTAPPA URIBINATTI
                              AGE: 68 YEARS, OCC: AGRICULTURE,
                              R/O: AKKATANGERHAL,TQ: GOKAK-591307
                              DIST: BELAGAVI.
                                                                              ...APPELLANT

                              (BY SRI. SHIVARAJ S. BALLOLLI, ADVOCATE)

                              AND:

                              SHRI SATTEPPA S/O SHIVARAYAPPA PANGANNAVAR
                              AGE: 63 YRS, OCC: AGRICULTURAL,
                              R/O: AKKATANGERHAL,TQ: GOKAK-591307
                              DIST. BELAGAVI.
                                                                            ...RESPONDENT
           Digitally signed
           by
           SHIVAKUMAR
SHIVAKUMAR HIREMATH
                              (RESPONDENT SERVED)
HIREMATH   Date:
           2023.08.09
           11:56:01
           +0530
                                    THIS REGULAR SECOND APPEAL IS FILED U/SEC. 100 OF CPC
                              AGAINST THE JUDGMENT AND DECREE DTD: 28.02.2011 PASSED IN
                              R.A. NO. 68/2007 ON THE FILE OF THE II-ADDL. SENIOR CIVIL
                              JUDGE, GOKAK, ALLOWING THE APPEAL FILED AGAINST THE
                              JUDMENT AND DECREE DTD: 26.03.2007 PASSED IN O.S. NO.
                              170/2001 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) GOKAK,
                              DISMISSING THE SUIT FILED FOR PERMANENT INJUNCTION AND
                              FOR MANDATORY INJUNCTION.

                                   THIS REGULAR SECOND APPEAL, COMING ON FOR FINAL
                              HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                      -2-
                                           NC: 2023:KHC-D:8481
                                               RSA No. 5346 of 2011




                                   ORDER

Counsel for the appellant has filed a memo which

reads as follows:

"MEMO FOR WITHDRAWAL

The counsel for the Appellant most humbly submits that, both the parties have settled the matter amicably outside the Court. Hence, this Hon'ble Court may be pleased to allow the Appellant to withdraw the top noted appeal in the interest of justice and equity.

Sd/-

Dharwad Advocate for Appellant Date 07.08.2023. Shivraj S. Balloli,"

In view of the aforementioned, the above appeal is dismissed as withdrawn.

(Sd/-) JUDGE

SVH