Sri K Shivappa vs Sri Hanumanthappa
2023 Latest Caselaw 1806 Kant

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                                                            RSA No. 2289 of 2011




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 13TH DAY OF MARCH, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                           REGULAR SECOND APPEAL NO.2289 OF 2011 (INJ)


                      BETWEEN:

                      SRI. K. SHIVAPPA,
                      S/O. LATE YAMUNAPPA,
                      AGED ABOUT 46 YEARS,
                      R/O SARATHI VILLAGE,
                      HARIHAR TALUK - 577 601.
                                                                    ...APPELLANT



                      (BY SRI. R. GOPAL, ADVOCATE)

                      AND:

                      1.    SRI. HANUMANTHAPPA,
Digitally signed by         S/O. LATE YAMUNAPPA,
YASHODA
KRISHNAPPA                  AGED ABOUT 66 YEARS.
Location: HIGH
COURT OF
KARNATAKA             2.    SRI. BASAPPA,
                            S/O. LATE YAMUNAPPA,
                            AGED ABOUT 48 YEARS.

                            BOTH ARE R/O SARATHI VILLAGE,
                            HARIHAR TALUK - 577 601.

                      3.    SMT. PRAMEELAMMA,
                            W/O. HONNAPPA,
                            AGED ABOUT 41 YEARS,
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                                         RSA No. 2289 of 2011




     R/O GANGANARASI VILLAGE,
     HARIHAR TALUK - 577 601.
                                               ...RESPONDENTS
(SERVICE OF NOTICE TO R1 HELD SUFFICIENT
 V/O/D 25/04/2019; R2 AND R3 - SERVED)


     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 13.7.2011 PASSED IN
R.A.NO.1/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE,
HARIHAR, PARTLY ALLOWING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 10.12.2009 PASSED IN
O.S.NO.107/2005 ON THE FILE OF THE PRL. CIVIL JUDGE
(JR.DN) & JMFC., HARIHARA.


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

                          JUDGMENT

1. Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal. The memo is signed by

the appellant. The memo reads thus;

"The appellant submits that the parties have settled the matter. As such the appellant does not press the appeal and the appeal may be disposed of relating to the said item No.1 schedule property which is the subject matter of the above appeal as withdrawn in the ends of justice and equity."

RSA No. 2289 of 2011

2. In view of the memo, the appeal is dismissed as not

pressed.

3. Send back the lower Court records to the respective

Courts.

Sd/-

JUDGE

GH