Karnataka High Court
Mallappa And Ors vs Kondiba And Ors on 3 February, 2023
Bench: C.M. Poonacha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 03RD DAY OF FEBUARY, 2023
BEFORE
THE HON'BLE MR.JUSTICE C.M.POONACHA
RFA No.200054/2020 (PAR-POS)
BETWEEN:
1. MALLAPPA RAMU GAIND,
AGE: 69 YEARS, (ACTUAL AGE 63 YEARS),
OCC: AGRICULTURE, R/O: RATNAPUR,
AT POST: TAJAPUR (H), PRESENTLY
TAL: TIKOTA, DIST: VIJAYAPURA-586130,
2. GANGADHAR S/O MALLAPPA GAIND
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: RATNAPUR, AT POST: TAJAPUR (H),
PRESENTLY TAL: TIKOTA,
DIST: VIJAYAPURA-586130.
3. NARASAWWA W/O MALLAPPA GAIND
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: RATNAPUR, AT POST: TAJAPUR (H),
PRESENTLY TQ: TIKOTA,
DIST: VIJAYAPURA-586130.
...APPELLANTS
(BY SRI.DHARWADKAR SUBODH TIRUPATI, ADV.)
AND:
KONDIBA S/O RAMU GAIND,
SINCE DECEASED BY L.RS.
1. SUNANDA W/O KONDIBA GAIND,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
R/O: RATNAPUR, PRESENTLY,
TAL: TIKOTA, DIST: VIJAYAPURA-586130.
2
AKKUBAI W/O SRIMANTH KHANDEKAR
SINCE DECEASED BY L.RS.,
2. SRIMANTH S/O KALLAPPA KHANDEKAR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: KALLAKAVATAGI,
POST: BABANAGAR, TAL: TIKOTA,
DIST: VIJAYAPURA-586114.
3. KALLAPPA S/O SRIMANTH KANDHEKAR
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: KALLAKAVATAGI, POST: BABANAGAR,
TAL: TIKOTA, DIST: VIJAYAPURA-586114.
4. JAYANT S/O SRIMANTH KHANDEKAR
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: KALLAKAVATAGI, POST: BABANAGAR,
TAL: TIKOTA, DIST: VIJAYAPURA-586114.
5. MAYAWWA W/O PRAKASH HIPPARKAR
AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
R/O: KALLAKAVATAGI, POST: BABANAGAR,
TAL: TIKOTA, DIST: VIJAYAPURA-586114.
6. AMBAWWA W/O SIDDAPPA MUNJE
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: KALLAKAVATAGI, POST: BABANAGAR,
TAL: TIKOTA, DIST: VIJAYAPURA-586114.
7. YALLAWWA W/O NINGAPPA BELLUBBI
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O: HALLADGENNUR, TAL: B. BAGEWADI,
DIST: VIJAYAPURA-586203.
8. BHIMA S/O RAMU GAIND
AGE: 61 YEARS, (ACTUAL AGE: 67 YEARS,
OCC: AGRICULTURE, R/O: RATNAPUR,
AT POST: TAJAPUR (H), PRESENTLY
TAL: TIKOTA, DIST: VIJAYAPURA-586130.
3
9. ARJUN S/O RAMU GAIND
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: RATNAPUR, AT POST: TAJAPUR (H),
PRESENTLY TAL: TIKOTA,
DIST: VIJAYAPURA-586130.
10. SANTOSH S/O BHIMA GAIND
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O: RATNAPUR, AT POST: TAJAPUR (H),
PRESENTLY TAL: TIKOTA,
DIST: VIJAYAPURA-586130.
11. SURAJ S/O BHIMA GAIND
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O: RATNAPUR, AT POST: TAJAPUR (H),
PRESENTLY TAL: TIKOTA,
DIST: VIJAYAPURA-586130.
WAS REPRESENTED BY MINOR GUARDIAN
BY SMT. PARVATI W/O BHIMA GAIND,
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O: RATNAPUR, AT POST: TAJAPUR (H),
PRESENTLY TAL: TIKOTA,
DIST: VIJAYAPURA-586130.
.....RESPONDENTS
THIS RFA FILED U/S 96 OF CPC, PRYAING TO SET
ASIDE THE PARTIAL DECREE OF PARTITION IN FAVOUR OF
PLAINTIFFS IN REGARD TO SUIT SCHEDULE "A"
PROPERTIES AT SL.NOS.1 TO 3 AND SUIT SCHEDULE "B'
PROPERTIES BY THE IMPUGNED JUDGMENT AND DECREE
DATED 10.01.2020 PASSED IN O.S.NO.180/2012, BY THE
HON'BLE II ADDL. SENIOR CIVIL JUDGE, VIJAYAPURA
FURTHER PLEASE TO ALLOW THE APPEAL AND PLEASE TO
DISMISS THE PLAINTIFFS SUIT AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Learned counsel for the appellants has filed
IA.No.1/2022 under Order XXIII Rule 1 r/w Order 41
r/w 151 of CPC, to permit the appellants to withdraw
the above appeal. It is stated that the above appeal is
withdrawn in view of the compromise dated
26.09.2022 recorded in R.A.No.23/2020 in the Court
of the III Addl. District and Sessions Judge,
Vijayapura. A certified copy of the said compromise
petition as well as the order dated 26.09.2022 passed
in R.A.No.23/2020 is annexed to the application.
In view of the aforementioned and in view of the
averments made in the affidavit accompanying the
application, IA.No.1/2022 is allowed. The above
appeal is dismissed as withdrawn.
SD/-
JUDGE
Msr
