Karnataka High Court
Smt. Gulabi Madivalthi vs Sri. Gopala Madivala on 22 August, 2023
Bench: Ashok S.Kinagi
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NC: 2023:KHC:29804
RSA No. 899 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 899 OF 2015 (PAR)
BETWEEN:
SMT. GULABI MADIVALTHI
AGED ABOUT 59 YEARS,
D/O. LATE KUTTI MADIVALA,
R/AT PERVAJE,
MAHALINGESHWARA TEMPLE ROAD,
KARKALA KASABA VILLAGE,
KARKALA TALUK,
UDUPI DISTRICT-574104.
...APPELLANT
(BY SRI. PRASANNA V R, ADVOCATE)
AND:
1. SRI. GOPALA MADIVALA
Digitally signed AGED ABOUT 76 YEARS,
by R DEEPA
S/O.LATE MANJUNATHA MADIVALA,
Location: High R/AT NEAR BHUVANENDRA COLLEGE ROAD,
Court of
Karnataka KARKALA KASABA VILLAGE,
KARKALA TALUK,
UDUPI DISTRICT-574104.
2. SRI OBAYYA MADIVALA
AGED ABOUT 79 YEARS,
S/O.LATE MANJUNATHA MADIVALA,
R/AT NAVEEN NIVAS,
OPP:S.B.COLLEGE GENTS HOSTEL,
KARKALA KASABA VILLAGE,
KARKALA TALUK,
UDUPI DISTRICT-574104.
-2-
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RSA No. 899 of 2015
3. SRI SUNDARA MADIVALA
AGED ABOUT 61 YEARS,
S/O. LATE TUMBE MADIVALTHI,
R/AT MEGINA MANE, KABETTU,
KARKALA KASABA VILLAGE,
KARKALA TALUK.
UDUPI DISTRICT-574104.
4. SMT DEVAKI MADIVALTHI
AGED ABOUT 57 YEARS,
D/O.LATE TUMBE MADIVALTHI,
R/AT MEGINA MANE, KABETTU,
KARKALA KASABA VILLAGE,
KARKALA TALUK,
UDUPI DISTRICT-574104.
5. SRI SHANKAR MADIVALA
AGED ABOUT 54 YEARS,
S/O.LATE TUMBE MADIVALATHI,
R/AT MEGINA MANE, KABETTU,
KARKALA KASABA VILLAGE,
KARKALA TALUK,
UDUPI DISTRICT-574104.
6. SMT SUSHEELA MADIVALTHI
AGED ABOUT 59 YEARS,
W/O.LATE KORAGA MADIVALA,
R/AT MEGINA MANE, KABETTU,
KARKALA KASABA VILLAGE,
KARKALA TALUK,
UDUPI DISTRICT-574104.
7. SRI UDAYA MADIVALA
AGED ABOUT 47 YUEARS,
S/O.LATE TUMBE MADIVALATHI,
R/AT MEGINA MANE, KABETTU,
KARKALA KASABA VILLAGE,
KARKALA TALUK,
UDUPI DISTRICT-574104.
8. SMT REKHA
AGED ABOUT 33 YEARS,
-3-
NC: 2023:KHC:29804
RSA No. 899 of 2015
D/O.VASANTHI MADIVALTHI &
NARAYANA MADI MADIVALA,
R/AT BEHIND PWD OFFICE,
JAYANTHI NAGAR,
KUKKANDOOR VILLAGE,
KARKALA TALUK,
UDUPI DISTRICT-574104.
9. SMT JAYANTHI MADIVALTHI
AGED ABOUT 49 YEARS,
D/O.LATE TUMBE MADIVALTHI,
R/AT MEGINA MANE, KABETTU,
KARKALA KASABA VILLAGE,
KARKALA TALUK,
UDUPI DISTRICT-574104.
...RESPONDENTS
(BY SRI. R4 TO R9 SERVED)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 04.12.2014 PASSED IN
R.A NO.61/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ACJM, KARKALA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 19.04.2008
PASSED IN O.S NO.100/2007 ON THE FILE OF THE PRL. CIVIL
JUDGE (JR.DN.), KARKALA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant filed a memo for
withdrawal along with an affidavit stating that the parties
have amicably settled the dispute in R.A No.27/2020 on
the file of the learned Senior Civil Judge and ACJM,
Karkala.
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RSA No. 899 of 2015
2. Memo is placed on record.
3. Accordingly, the appeal is dismissed as
withdrawn.
In view of disposal of the appeal, pending I.As, if any
do not survive for consideration and are accordingly
disposed of.
Sd/-
JUDGE
SKS
