Sangayya By Lrs Gurulingawwa W/O ... vs Parawwa W/O Basayya Mathpathi
2023 Latest Caselaw 1900 Kant

                                               -1-
                                                        RSA No. 7278 of 2010




                               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. 7278 OF 2010 (PAR/POS-)


                   BETWEEN:
                   1.    SANGAYYA BY LRS

                   1A GURULINGAWWA W/O SANGAYYA
                      MATHPATHI AGE: 80 YEARS,
                      OCC: HOUSE HOLD.

                   1B RACHAYYA S/O SANGAYYA MATHPATHI
                      AGE: 8 YEARS OCC :AGRI.

                   1C GANGAYYA S/O SANGAYYA MATHPATHI
                      AGE: YEARS OCC : AGRI.

Digitally signed
by SOMANATH
PENTAPPA
                   1D MALAYYA S/O SANGAYYA MATHPATHI
MITTE
Location: High
                      AGE:52 YEARS OCC :AGRI.
Court of
Karnataka


                   1E    MADIWALAYYA S/O SANGAYYA MATHPATHI
                         AGE:49 YEARS, OCC : AGRI.

                         1A TO 1E ARE R/O HANUMASAGAR
                         TQ & DIST: BIJAPUR-586101.

                   1F    BAVARAWWA W/O SHRISHAIL MATHPATHI
                         AGE: 46 YEARS OCC :HOUSEHOLD.

                   1G PARAWWA W/O SIDDAYYA KAMBI
                           -2-
                                     RSA No. 7278 of 2010




     AGE: 43 YEARS OCC : HOUSEHOLD

     BOTH ARE R/O:BALUTI
     TQ : BASAVANA BAGEWADI
     DIST : BIJAPUR-586101.

2    SHANKARAYYA BY LRS

2A KALLAYYA S/O SHANKRAYYA MATH
   AGE : 45 YEARS, OCC : AGRI.

2B SADASHIVAYYA S/O SHANKRAYYA MATH
   AGE: 42 YEARS OCC : AGRI.

     BOTH ARE R/O. HANUMASAGAR
     TQ & DIST: BIJAPUR-586101
                                            ...APPELLANTS
(BY SRI CHAITANYA KUMAR C.M., ADVOCATE)
AND:


1.   PARAWWA W/O BASAYYA MATHPATHI,
     AGE: 60 YEARS OCC : H.H.WORK,
     R/O HANUMASAGAR,
     TQ & DIST: BIJAPUR-586101.

2.   SHIVALINGAYYA S/O BASAYYA MATHPATHI,
     AGE: 40 YEARS OCC : AGRIL,
     R/O HANUMASAGAR.
     TQ & DIST : BIJAPUR-586101.

3.   SHRISHAIL S/O BASAYYA MATHPATHI,
     AGE: 36 YEARS OCC : AGRIL,
     R/O:HANUMASAGAR
     TQ & DIST: BIJAPUR-586101.
                              -3-
                                     RSA No. 7278 of 2010




4.   CHIKKAYYA S/O BASAYYA MATHPATHI,
     SINCE DEAD BY LR:

4A MAHANANDA W/O CHIKKAYYA MATHAPATHI,
   AGE: 25 YEARS
   OCC : AGRIL.
   R/O :HANUMASAGAR
   TQ & DIST : BIJAPUR-586101.
                                    ...RESPONDENTS

(BY SRI. N B DIWANJI,ADVOCATE FOR R1 TO R3
NOTICE TO R4A SERVED)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 18.03.2010
PASSED IN R.A.NO. 62/2005 ON THE FILE OF THE PRINCIPAL
DISTRICT JUDGE AT BIJAPUR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 18.02.2005
PASSED IN OS NO. 120/1995 ON THE FILE OF THE I
ADDITIONAL CIVIL JUDGE (SR.DN.) AT BIJAPUR.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

Learned counsel appearing for the appellants files a

memo dated 16-3-2023 stating that the parties have

settled the dispute on 13-11-2018 in FDP No.21/2010 and

therefore, the present appeal may be dismissed as

settled. Along with the memo, copy of the compromise

petition is also enclosed.

2. The same are taken on record.

RSA No. 7278 of 2010

3. In view of the said memo, the appeal is dismissed

as settled.

Sd/-

JUDGE

tsn*