Karnataka High Court
Smt. Sunita @ Sunanda W/O Anand ... vs Smt. Danawwa W/O Muddanagouda ... on 13 July, 2023
Bench: Ashok S. Kinagi, Venkatesh Naik
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NC: 2023:KHC-D:7134-DB
RFA No. 100380 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO. 100380 OF 2017
BETWEEN:
SMT. SUNITA @ SUNANDA,
W/O. ANAND TURAMARI
AGE: 32 YEARS, OCC: HOUSEHOLD,
R/O: MARUTI GALLI, BAILHONGAL,
DIST: BELAGAVI-591102.
...APPELLANT
(BY SRI. SANGRAM S KULKARNI, ADVOCATE)
AND:
1. SMT. DANAWWA, W/O. MUDDANAGOUDA NAVALAGATTI,
AGE: 59 YEARS, OCC: HOUSEHOLD,
R/O: KURAGUND, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
2. SHRI. MALLASARJA @ MALAKAJA,
Digitally signed
by
S/O. BASAPPA HUNASHIKATTI,
VIJAYALAKSHMI
M KANKUPPI
SINCE DECEASED BY HIS LRs.,
Date: 2023.07.16
11:15:35 +0530
2. SMT. MAHADEVI, W/O. MALLASARJA HUNASHIKATTI,
AGE: 55 YEARS, OCC: HOUSEHOLD,
R/O: KRCES COLLEGE ROAD,
BAILHONGAL, DIST: BELAGAVI-591102.
3. SMT. SUMITRA @ SUMANGALA
W/O. IRAPPA YENAGI, AGE: 35 YEARS, OCC:
HOUSEHOLD, R/O: KOEIKOPPA, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
4. SMT. SAVITRI, W/O. BASAVARAJ GIREPPAGOUDAR,
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O: BAILWAD, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
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NC: 2023:KHC-D:7134-DB
RFA No. 100380 of 2017
5. KUMARI. VIJALAXMI,
D/O. MALLASARJA HUNASHIKATTI,
AGE: 28 YEARS, OCC: HOUSEHOLD,
R/O: KRCES COLLEGE ROAD,
BAILHONGAL, DIST: BELAGAVI-591102.
6. KUMARI. KAVERI,
D/O. MALLASARJA HUNASHIKATTI,
AGE: 26 YEARS, OCC: HOUSEHOLD,
R/O: KRCES COLLEGE ROAD,
BAILHONGAL, DIST: BELAGAVI-591102.
SMT. SHANTAWWA,
W/O. BASAPPA HUNASHIKATTI.
7. SHRI. CHINNAPPA,
S/O. CHANABASAPPA MENASHINAKAI,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: HARUBELAWADI, TQ: SAUNDATTI,
DIST: BELAGAVI-591126.
8. SHRI. SHRISHAIL, S/O. SHANKAREPPA YADALLI,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O: BYE-PASS ROAD, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
9. SHRI. HUSENSAB, S/O. ALLISAB BAGAWAN,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: BAGAWAN GALLI,
BAILHONGAL, DIST: BELAGAVI-591102.
...RESPONDENTS
(BY SRI.SHRIHARSH A.NEELOPANT, ADV. FOR R1;
SRI.CHETAN MUNNOLLI, ADV. FOR R7;
SRI.L.M.KULKARNI, ADV. FOR R8;
SRI.SRINIVAS B.NAIK, ADV. FOR R9;
NOTICE TO R3 IS HELD SUFFICIENT;
NOTICE TO R2, R4 TO R6 ARE SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 AND 2 READ
WITH SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 03.04.2017 PASSED IN O.S.NO.55/2012 ON THE FILE OF THE
SENIOR CIVIL JUDGE, BAILHONGAL DECREEING THE SUIT FILED
FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA COMING ON FOR HEARING, THIS DAY, ASHOK S.
KINAGI J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:7134-DB
RFA No. 100380 of 2017
JUDGMENT
Learned counsel for the appellant has filed a memo
for withdrawal of the appeal. Appellant has affixed her
signature on the memo and also produced Aadhar card of
the appellant. It is stated that, with the intervention of the
elders, well-wishers and in order to have cordial
relationship with the respondents, she does not wish to
prosecute the appeal and seeks leave of the court to
withdraw the appeal.
Memo is placed on record.
Accordingly, the appeal is dismissed as withdrawn.
This order of withdrawing the appeal will not come in
the way of the respondents in filing necessary application
before the FDP court.
Sd/-
JUDGE
Sd/-
JUDGE
MBS
Ct:Vh
