Sri Shivaji Rao vs Renuka Bai
2023 Latest Caselaw 80 Kant

                          1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF JANUARY, 2023

                        BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

            R.S.A NO.2414 OF 2007(PAR)

BETWEEN:

SRI SHIVAJI RAO
S/O. JOLLY LAXMAN RAO,
HINDU, AGED ABOUT 45 YEARS
SHAANUR ROAD, OPP JOLLY THOTA
DAVANGERE.

                                        ...APPELLANT

(BY SRI.SANATH KUMAR SHETTY K, ADVOCATE)

AND:

1. RENUKA BAI
W/O. HANUMANTHAPPA
AGED ABOUT 46 YEARS
OPP BUNSUR PRINTING PRESS,
SHABANUR ROAD, DAVANAGERE DISTRICT,
DAVANGERE-577502.

2. SUBHADRA BAI
W/O. KRISHNOJI RAO
AGED ABOUT 43 YEARS
INSIDE JOLLY THOTA, SHABANUR ROAD
DAVANGERE DISTRICT, DAVANGERE-577502.

3. THANOJI RAO
S/O. JOLLY LAXMAN RAO
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AGED ABOUT 35 YEARS
BESIDES JOLLY THOTA,
SHABANUR ROAD, DAVANGERE DISTRICT,
DAVANGERE-577502.

4. GANESH RAO
S/O. JOLLY LAXMAN RAO
AGED ABOUT 33 YEARS
BESIDES JOLLY THOTA
SHABANUR ROAD, DAVANGERE DISTRICT,
DAVANGERER-577502.

5. KARUNAKAR SHETTY
AGED ABOUT 50 YEARS,
C/O. HOTEL ASHWAMEDHA
AKKAMAHADEVI ROAD, DAVANGERE DISTRICT,
DAVANGERE-577502.

6. RAVINDRA SHETTY
AGED ABOUT 38 YEARS,
C/O. HOTEL ASHWAMEDHA
AKKAMAHADEVI ROAD, DAVANGERE DISTRICT,
DAVANGERE-577502.

7. VITTAL HEGDE
AGED ABOUT 54 YEARS,
C/O. HOTEL ASHWAMEDHA
AKKAMAHADEVI ROAD, DAVANGERE DISTRICT,
DAVANGERE-577502.

8. NATARAJA
AGED ABOUT 43 YEARS,
EMPLOYEE AEOK, K.B.EXTENSION
DAVANGERE, PROP HOTEL GREEN POINT
SHABANUR ROAD, DAVANGERE DISTRICT,
DAVANGERE-577502.

9. SHANKARAPPA
AGED ABOUT 45 YEARS,
                        3


HOTEL GREEN POINT, SHABANUR ROAD
DAVANGERE DISTRICT, DAVANGERE-577502.
(RESPONDENTS 5 TO 9 ARE DELETED
AS PER ORDER DATED 17.07.2009)

10. GANGU BAI
W/O. SHANMUKA RAO
AGED ABOUT 43 YEARS
SHABANUR ROAD, BESIDES JOLLY THOTA,
DAVANGERE DISTRICT, DAVANGERE-577502.

11. VASANTHA
S/O. SHANMUKA RAO
AGED ABOUT 43 YEARS
SHABANUR ROAD, BESIDES JOLLY THOTA,
DAVANGERE DISTRICT, DAVANGERE-577502.

12. SMT HANUMAKKA
W/O. NAGAPPA
AGED ABOUT 55 YEARS

13. NINGAPPA
S/O. NAGAPA
AGED ABOUT 32 YEARS

14. NAGARAJAPPA
S/O. NAGAPPA
AGED ABOUT 30 YEARS

15. MARTANDA
S/O NAGAPPA
AGED ABOUT 28 YEARS

16. CHANDRA
S/O. NAGAPPA
AGED ABOUT 25 YEARS

17. NAGAMMA
W/O. HANUMAPPA
                            4


18. KARIYAMMA
W/O YERESEEMI NINGAPPA
AGED ABOUT 22 YEARS

RESPONDENTS NO.12 TO 18 ARE
R/AT MITTLEKATTE VILLAGE,
HARIHAR TALUK, DAVANGERE DISTRICT,
DAVANGERE-577502.
(RESPONDENTS NO.17 & 18 ARE DELETED
AS PER ORDER DATED 17/07/2009)

19. SMT C G GIRIJAMMA
W/O. M.G. SHIVAPPA
AGED ABOUT 54 YEARS,
MITTALKATTE VILLAGE, HARIHAR TALUK
DAVANGERE DISTRICT, DAVANGERE-577502.

                                         ...RESPONDENTS

(BY SRI.B.C.VENKATESH, ADVOCATE FOR R1 & R4;
SRI.K.RAJASHEKAR, ADVOCATE FOR R2 & R3;
SRI.B.M.SIDDAPPA, ADVOCATE FOR R4;
V/O DTD 17.07.2009 R5-R9, R17 & R18 DELETED;
R10-R16 & R19 ARE SERVED & UNREPRESENTED)

      THIS RSA IS FILED U/S. 100 R/W O XLII R1 OF CPC
AGAINST   THE    JUDGEMENT     &   DECREE   DT.28.7.2007
PASSED IN R.A.NO.151/2001 ON THE FILE OF THE ADDL.
SESS. JUDGE, FTC-I, DAVANAGERE, PARTLY ALLOWING
THE   APPEAL    AND   MODIFYING    THE   JUDGMENT   AND
DECREE DT.31.7.2001 PASSED IN O.S.NO.101/95 ON THE
FILE OF THE PRL. CIVIL JUDGE (JR.DN), DAVANAGERE.


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

The learned counsel for the appellant has filed a

memo seeking withdrawal of the appeal. The affidavit

of the appellant is also annexed along with the memo

stating that the parties have tendered a joint

compromise petition before the trial Court and

therefore, to enable the appellant and respondents to

record the compromise, the present appeal is sought

to be withdrawn. The memo is taken on record.

2. The learned counsel for respondents 1 to 4

also submits that the parties have resolved the matter

and compromise petition is filed before the trial Court.

3. In view of the memo, the appeal is

dismissed as withdrawn.

Sd/-

JUDGE *alb/-