Smt.Anubai vs Machendra
2023 Latest Caselaw 9532 Kant

Karnataka High Court

Smt.Anubai vs Machendra on 6 December, 2023

                                                         -1-
                                                               NC: 2023:KHC-D:14262
                                                                 RSA No. 100498 of 2016




                                       IN THE HIGH COURT OF KARNATAKA
                                               DHARWAD BENCH

                                  DATED THIS THE 6TH DAY OF DECEMBER, 2023
                                                      BEFORE

                                   THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                               REGULAR SECOND APPEAL NO.100498 OF 2016 (DEC/INJ)


                          BETWEEN:


                                SMT. ANUBAI
                                W/O VITHOBA GADADARE,
                                SINCE DECEASED BY HER L.RS.

                          1.    RAMACHANDRA
                                S/O. SADASHIV BORAGAVE,
                                AGE: 46 YEARS, OCC: AGRICULTURE,

                          2.    BHARAT
                                S/O. SADASHIV BORAGAVE,
                                AGE: 45 YEARS, OCC: AGRICULTURE,

                          3.    SANJAY
                                S/O. SADASHIV BORAGAVE,
                                AGE: 43 YEARS, OCC: AGRICULTURE,
           Digitally signed
           by VISHAL
VISHAL     NINGAPPA
           PATTIHAL             Nos. 1 TO 3 ARE R/O. JAMBAGI-591347,
NINGAPPA   Date:                TAL: ATHANI, DIST: BALAGAVI.
PATTIHAL   2023.12.08
           16:49:19
           +0530                                                           ...APPELLANTS
                          (BY SRI RAVI S.BALIKAI, ADVOCATE)

                          AND:


                          1.    MACHENDRA,
                                S/O. DATTU MIRJI @ SALUNKE,
                                AGE: 68 YEARS, OCC: AGRICULTURE,
                                R/O: JAMBAGI-591347,
                                TAL: ATHANI, DIST: BELAGAVI.
                          2.    CHANDRAKANT
                                S/O. DHONDIBA MIRJI @ SALUNKE,
                              -2-
                                   NC: 2023:KHC-D:14262
                                      RSA No. 100498 of 2016




      AGE: 56 YEARS, OCC: AGRICULTURE,
      R/O: JAMBAGI-591347,
      TAL: ATHANI, DIST: BELAGAVI.

3.    ANANDA
      S/O. GYANU DAREKAR,
      AGE: 62 YEARS, OCC: AGRICULTURE,
      R/O: JAMBAGI-591347,
      TAL: ATHANI, DIST: BELAGAVI.

4.    ANNANPPA
      S/O. PARASAPPA NAIK,
      AGE: 72 YEARS, OCC: AGRICULTURE,
      R/O: JAMBAGI-591347,
      TAL: ATHANI, DIST: BELAGAVI.

                                                ...RESPONDENTS

(BY    SRI SUNIL KHOT, ADVOCATE FOR
       SRI RAMACHNDRA A.MALI, ADVOCATE FOR R1 AND R2;
       SRI SHIVANAND MALASHETTI, ADVOCATE FOR
       SRI SHIVARAJ P.MUDHOL, ADVOCATE FOR R4;
       NOTICE TO R3 IS SERVED)


       THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE
JUDGMENT AND DECREE DATED 21.01.2016 PASSED IN R.A.NO.
08/2005 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND
JMFC., ATHANI, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 03.12.2004 AND THE DECREE
PASSED IN O.S.NO. 115/1982 ON THE FILE OF THE ADDL. CIVIL
JUDGE (JR. DN) AND JMFC, ATHANI, DISMISSING THE SUIT FILED
FOR DECLARATION AND PERMANENT INJUNCTION.


       THIS   REGULAR   SECOND     APPEAL,   COMING   ON   FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                               -3-
                                    NC: 2023:KHC-D:14262
                                        RSA No. 100498 of 2016




                          JUDGMENT

Learned counsel appearing for both the parties

submit that, they have orally received instructions that

the parties herein have settled the dispute amicably.

Learned counsel for the appellants submits that,

he has no instructions as to the present status and to

proceed further in this matter on merits.

It appears appellants are not interested in

prosecuting the present appeal, this Court has no other

option, than to dismiss the appeal for non-prosecution.

Sd/-

JUDGE

EM, CT: UMD