Bheemappa @ Kusti Bheemappa vs Ajjappalara Thippeswamy
2023 Latest Caselaw 1055 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF JANUARY, 2023

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

                 R.S.A.NO.837/2017 (DEC/INJ)

BETWEEN:

BHEEMAPPA @ KUSTI BHEEMAPPA,
S/O LATE DURUGAPPA,
AGED ABOUT 68 YEARS,
R/O ASHWINI BUILDING,
S.S.I.M.S HOSPITAL ROAD,
NITUVALLI, DAVANAGERE-577101.
                                               ...APPELLANT

          (BY SRI SANTOSH R. NELKUDURI, ADVOCATE)

AND:

1.     AJJAPPALARA THIPPESWAMY,
       S/O LATE AJJAPALARA KENCHAPPA,
       AGED ABOUT 65 YEARS,
       R/O E.S.I HOSPITAL ROAD,
       NITUVALLI, DAVANAGERE-577101.

2.     AJJAPPALARA KUBERAPPA,
       S/O LATE AJJAPPALARA KENCHAPPA,
       AGED ABOUT 45 YEARS,
       R/O UPPARA ONI,
       NITUVALLI, DAVANAGERE-577101.

3.     DEPUTY DIRECTOR OF LAND RECORD,
       D.C.OFFICE,
       P.B.ROAD, DAVANAGERE-577101.

4.     ASST. DIRECTOR OF LAND RECORDS
       NEAR RAMADEVARA TEMPLE,
       P.B.ROAD, DAVANAGERE-577101.
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5.   STATE OF KARNATAKA,
     REPRESENTED BY ITS CHIEF SECRETARY,
     VIDHANA SOUDHA,
     BANGALORE-01.
                                                   ...RESPONDENTS

          (BY SRI RAJASHEKHAR K., ADVOCATE FOR R1,
          R2 TO R5 ARE SERVED AND UNREPRESENTED)

      THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC., 1908
AGAINST THE JUDGEMENT AND DECREE DATED 28.02.2017
PASSED IN R.A.NO.40/2014 ON THE FILE OF THE II ADDL.
DISTRICT AND SESSIONS JUDGE, DAVANAGAERE, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DATED 28.04.2014 PASSED IN OS.NO.106/2011 ON THE FILE OF
THE II ADDL. SENIOR CIVIL JUDGE, DAVANAGERE.

    THIS R.S.A. COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

The learned counsel for the appellant has filed a memo

stating that the matter is settled out of Court and he is not

pressing the appeal.

2. In view of the memo, the appeal is dismissed as

withdrawn as the matter is settled out of Court.

Sd/-

JUDGE

MD