Kuberappa S/O Devappa Ilager vs Smt.Renuka W/O Venkatesh Ilager
2023 Latest Caselaw 4455 Kant

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                                             NC: 2023:KHC-D:7216
                                                 RFA No. 100079 of 2022




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 14TH DAY OF JULY, 2023

                                    BEFORE

                      THE HON'BLE MRS. JUSTICE M.G.UMA

             REGULAR FIRST APPEAL NO.100079/2022 (PAR/POS)

            BETWEEN:

            1.   KUBERAPPA S/O. DEVAPPA ILAGER,
                 AGE: 72 YEARS, OCC: COOLIE,
                 R/O: NEAR HANUMANTH TEMPLE PAPANASHI,
                 TQ AND DIST: GADAG.

            2.   SMT. LAXMI W/O. SHRINIVAS ILAGER,
                 AGE: 34 YEARS, OCC: HOUSEWIFE,
                 R/O: BAVALLI, TQ: SANDUR,
                 DIST: BALLARI.
                                                         ...APPELLANTS
            (BY SRI SRINIVAS B. NAIK, ADVOCATE)

            AND:

            1.   SMT. RENUKA W/O. VENKATESH ILAGER,
Digitally        AGE: 37 YEARS, OCC: HOUSEWIFE,
signed by        R/O: KADEONI MAILARALING TEMPLE,
VINAYAKA
BV               MALASAMUDRA, TQ AND DIST GADAG.

            2.   KUMAR S/O. VENKATESH ILAGER,
                 AGE: MINOR, OCC: STUDENT.

            3.   VIJAYA S/O. VENKATESH ILAGER,
                 AGE: MINOR, OCC: STUDENT.

            4.   YASHODHA D/O. VENKATESH ILAGER,
                 AGE: MINOR, OCC: STUDENT,
                 RESPONDENTS NO.2 TO 4 ARE MINORS
                 REPRESENTED BY NATURAL GUARDIAN
                 MOTHER RESPONDENT NO.1.
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                                       NC: 2023:KHC-D:7216
                                         RFA No. 100079 of 2022




5.   THE MANAGER,
     SYNDICATE BANK MALASAMUDRA,
     TQ AND DIST GADAG.
                                                 ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96       OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 23.10.2020
PASSED IN O.S.NO.02/2017 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE AT GADAG, DISMISSING THE SUIT FILED
FOR PARTITION AND SEPARATE POSSESSION.

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

                          JUDGMENT

Learned counsel for the appellants has filed a memo

dated 12.07.2023 seeking leave of the Court to withdraw the

petition stating that the matter is settled between the parties.

Memo is taken on record.

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

SD/-

JUDGE

PN