Mallappa And Ors vs Dundappa S/O Mallappa Tummaramatti
2023 Latest Caselaw 9378 Kant

Karnataka High Court

Mallappa And Ors vs Dundappa S/O Mallappa Tummaramatti on 5 December, 2023

                                             -1-
                                                    NC: 2023:KHC-K:9019
                                                       RSA No. 200026 of 2019




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                         DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                           BEFORE
                             THE HON'BLE MRS JUSTICE M G UMA

                   REGULAR SECOND APPEAL NO. 200026 OF 2019 (PAR &
                                         SEP. POSS.)


                   BETWEEN:

                   1.   MALLAPPA
                        S/O BHIMAPPA TUMMARAMATTI,
                        AGE: 78 YEARS, OCC: AGRICULTURE,
                        R/O KOLHAR,
                        TQ BASAVANA-BAGEWADI,
                        DIST: VIJAYAPUR-586 203.

                   2.   SHIVAWWA
                        W/O MALLAPPA TUMMARAMATTI,
                        AGE: 68 YEARS, OCC: HOUSEHOLD,
                        R/O KOLHAR,
                        TQ:BASAVANA-BAGEWADI,
Digitally signed        DIST: VIJAYAPUR-586 203.
by SWETA
KULKARNI
Location: HIGH     3.   SURESH
COURT OF                S/O MALLAPPA TUMMARAMATTI,
KARNATAKA
                        AGE: 35 YEARS, OCC: AGRICULTURE,
                        R/O KOLHAR,
                        TQ:BASAVANA-BAGEWADI,
                        DIST: VIJAYAPUR-586 203.

                   4.   RAMANNA
                        S/O MALLAPPA TUMMARAMATTI,
                        AGE: 32 YEARS, OCC: AGRICULTURE,
                        R/O KOLHAR,
                        TQ:BASAVANA-BAGEWADI,
                        DIST: VIJAYAPUR-586 203.
                               -2-
                                     NC: 2023:KHC-K:9019
                                      RSA No. 200026 of 2019




5.   MAHADEVI
     W/O SANGAPPA CHOUDHARI,
     AGE: 40 YEARS, OCC: HOUSEHOLD,
     R/O KOLHAR,
     TQ:BASAVANA-BAGEWADI,
     DIST: VIJAYAPUR-586 203.

                                                 ...APPELLANTS

(BY SRI AJAY KUMAR A. K., ADVOCATE)

AND:

     DUNDAPPA
     S/O MALLAPPA TUMMARAMATTI,
     AGE: 53 YEARS, OCC: AGRICULTURE,
     R/O KOLHAR, TQ:BASAVANA-BAGEWADI,
     DIST: VIJAYAPUR-586 203.

                                                ...RESPONDENT

(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)

     THIS RSA IS FILED U/S. 100 OF CODE OF CIVIL
PROCEDURE, PRAYING TO ALLOW THE APPEAL BY SETTING
ASIDE THE JUDGMENT AND DECREE DATED: 01.12.2018
PASSED IN R.A.NO.04/2014 BY THE SENIOR CIVIL JUDGE,
BASAVANA BAGEWADI AND CONSEQUENTLY RESTORE THE
JUDGMENT AND DECREE DATED: 28.02.2013 PASSED IN
O.S.NO.375/2010 BY THE CIVIL JUDGE AND JMFC BASAVANA
BAGEWADI, IN THE INTEREST OF JUSTICE AND EQUITY.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

Learned counsel for the appellants filed I.A.No.1/2023

under Order 23 Rule 1 read with Section 151 of CPC seeking

permission to withdraw the appeal. It is stated that the parties

NC: 2023:KHC-K:9019

are intending to settle their dispute amicably before the Lok

Adalath in the pending final decree proceedings.

For the reasons stated in the affidavit accompanying

I.A.No.1/2023, the same is allowed. The appeal is dismissed as

not pressed.

Sd/-

JUDGE

SWK CT-BMK