Basaappa S/O Siddaramappa ... vs Sharanappa @ Shrishail ...
2023 Latest Caselaw 1898 Kant

                                              -1-
                                                        RSA No. 7187 of 2013




                    IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                           DATED THIS THE 16TH DAY OF MARCH, 2023

                                            BEFORE
                              THE HON'BLE MR JUSTICE C M JOSHI
                        REGULAR SECOND APPEAL NO. 7187 OF 2013 (PAR)
                   BETWEEN:

                   1.   BASAPPA S/O SIDRAMAPPA VALASANGE,
                        AGE ABOUT 53 YEARS, OCC: AGRICULTURE,
                        R/O AHIRSANG, TQ: INDI,
                        DIST: BIJAPUR-586101.
                   2.   KASAPPA S/O SIDRAMAPPA VALASANGE,
                        AGE ABOUT 48 YEARS, OCC: AGRICULTURE,
                        R/O AHIRSANG, TQ: INDI,
                        DIST: BIJAPUR-586101.
                                                             ......APPELLANTS
                   (BY SRI. D.P.AMBEKAR, ADVOCATE)
                   AND:

                   1.   SHARANAPPA @ SHRISHAIL
                        S/O SIDDARAMAPPA VALASANGE,
                        AGE: ABOUT 50 YEARS, OCC: AGRICULTURE,
                        R/O AHIRSANG, TQ: INDI,
Digitally signed
by SOMANATH
                        DIST: BIJAPUR-586101.
PENTAPPA
MITTE
Location: High     2.   KASHIBAI W/O SHANTAMALLA DHULE,
Court of
Karnataka               AGE ABOUT 48 YEARS, OCC: AGRICULTURE,
                        R/O GUBBEWAD, TQ: INDI,
                        DIST: BIJAPUR-586101.
                   3.   NAGABAI W/O GURUPAD BARADOL,
                        AGE ABOUT 46 YEARS, OCC: AGRICULTURE,
                        R/O AHIRSANG, TQ: INDI,
                        DIST: BIJAPUR-586101.
                   4.   PARVATI W/O SIDDAPPA DHAVALAGI,
                        AGE ABOUT 43 YEARS, OCC: AGRICULTURE,
                        R/O MUNDODAGI, NOW AT AHIRSANG,
                        TQ: INDI, DIST: BIJAPUR-586101.
                                    -2-
                                                RSA No. 7187 of 2013




5.    MAHADEVI W/O DUNDAPPA SAVALAGI,
      AGE ABOUT 44 YEARS, OCC: AGRICULTURE,
      R/O BABANAGAR,
      TQ: AND DIST: BIJAPUR-586101.
                                          ...RESPONDENTS

      THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 41
RULE 1 OF CPC, PRAYING TO ALLOW THIS APPEAL AND SET
ASIDE THE JUDGMENT AND DECREE DATED 20.02.2013 PASSED
BY THE SENIOR CIVIL JUDGE, INDI DISMISSING R.A.NO.31/2007
AND CONFIRMING THE JUDGMENT AND DECREE DATED
03.01.2005 PASSED BY THE CIVIL JUDGE (JR.DN.) INDI IN
O.S.NO.111/1992, AND DISMISS THE SUIT OF THE PLAINTIFF WITH
COST THROUGH OUT, IN THE INTEREST OF JUSTICE AND EQUITY.

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

Learned counsel for the appellants files a memo that

the matter has been amicably settled between the parties

before the Lok-Adalath at Indi on 14.12.2019 in

R.A.No.10/2019 on the file of Senior Civil Judge & JMFC,

Indi.

It is also submitted that the present appeal be

dismissed as withdrawn. Hence, the appeal is dismissed

as withdrawn.

Sd/-

JUDGE

SMP