M M Rajegowda vs Kalamma
2023 Latest Caselaw 3199 Kant

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                                                           NC: 2023:KHC:20317
                                                             RSA No. 1477 of 2011




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 13TH DAY OF JUNE, 2023

                                                 BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                       REGULAR SECOND APPEAL NO. 1477 OF 2011 (DEC/INJ)
                      BETWEEN:
                      M.M. RAJEGOWDA
                      S/O LATE MARIGOWDA,
                      AGED ABOUT 54 YEARS,
                      R/O MACHAGOWDANAHALLI GRAMA,
                      HALLY MYSORE HOBLI,
                      HOLENARASIPURA TALUK-573211.
                                                                      ...APPELLANT
                      (BY SRI. SYED AKBAR PASHA, ADVOCATE FOR
                          SRI. MAHANTESH S HOSMATH, ADVOCATE)
                      AND:
                      1.    KALAMMA
                            W/O LATE SANNA SWAMY GOWDA,
                            AGED ABOUT 72,
                            R/O RAMENAHALLI GRAMA,
                            HALLYMYSORE HOBLI,
                            HOLENARASIPURA TALUK-573211.
                      2.    MUTHAMMA
Digitally signed by
LAKSHMINARAYANA             D/O THIMMEGOWDA,
MURTHY RAJASHRI             AGED ABOUT 52 YEARS,
Location: HIGH
COURT OF                    R/O KAGGERE GRAMA,
KARNATAKA                   K.R. NAGARA TALUK-571602.
                                                                   ...RESPONDENTS
                      (BY SRI. SUNEEL S NARAYAN.,ADVOCATE)

                             THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
                      THE JUDGMENT AND DECREE DATED 15.04.2011 PASSED IN
                      R.A.NO.74/2011 ON THE FILE OF THE FAST TRACK COURT AND
                      ADDITIONAL DISTRICT JUDGE, HOLENARASIPURA, DISMISSING THE
                      APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
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                                      NC: 2023:KHC:20317
                                        RSA No. 1477 of 2011




20.01.2011 PASSED IN O.S.NO.85/2007 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC., HOLENARASIPURA.

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

                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal.

The memo reads thus:-

"That the appellant most respectfully submits to this Hon'ble Court, that the appellant and the respondents have settled their dispute amicably with the intervention of the elders in the family, wherein the appellant/plaintiff had retained item no.1 to 6 & item no. 8 property and in Item no.7, 1 acre out 4 acres of the land. And the respondent has taken remaining 3 acres in Item No.7, hence in view of the settlement the FDP filed before the Senior Civil Judge & JMFC Holenarispura in OS No.147/2022 is closed in terms of compromise on 10-04-2023, hence the above appeal before this Hon'ble Court does not survive for consideration, hence the appellant most respectfully prays to this Hon'ble Court may kindly be please to allow the appellant to withdraw the same in the interest of justice and equity. The copy of the Final Decree and the

NC: 2023:KHC:20317 RSA No. 1477 of 2011

compromise petition is herewith annexed with this Memo for kind perusal of this Hon'ble Court."

In view of the memo, this appeal is dismissed as

withdrawn.

In view of dismissal of the appeal as withdrawn, pending

I.As. and Miscellaneous applications also stand dismissed.

Sd/-

JUDGE

PMR