Smt. Shantavva W/O. ... vs Smt. Rudravva W/O. ...
2023 Latest Caselaw 7601 Kant

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                                                         NC: 2023:KHC-D:12968-DB
                                                        RFA No. 100183 of 2021




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                          DATED THIS THE 7TH DAY OF NOVEMBER, 2023
                                           PRESENT
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                                              AND
                       THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                      REGULAR FIRST APPEAL NO. 100183 OF 2021 (PAR/POS)


                 BETWEEN:
                 1.      SMT. SHANTAVVA W/O. VEERABHADRAYYA YARAGUPPI
                         SINCE DEAD BY HER LRs.,

                 1(A). VEERABHADRAYYA S/O. MAHADEVAYYA YARAGUPPI
                       AGE: 20 YEARS, OCC: STUDENT,
                       R/O. YELIVAL, TQ: KUNDAGOL.

                 1(B). VEENAYAKUMAR CHANNAVEERAYYA YARAGUPPI
                       AGE: 15 YEARS, OCC: STUDENT,
                       SINCE MINOR REP. BY NATURAL MOTHER,
                       SMT. SHARADA CHANNAVEERAYYA YARAGUPPI.
                                                                   ...APPELLANTS
                 (BY SRI. RAJASHEKHAR BURJI, ADVOCATE)


                 AND:

SAROJA
                 1.    SMT. RUDRAVVA
HANGARAKI
HIGH COURT OF
                       W/O. RAJASHEKHARAYYA YARAGUPPI,
KARNATAKA
DHARWAD                AGED ABOUT 37 YEARS,
BENCH
2023.11.09             OCC: HOUSEHOLD,
05:32:54 +0000
                       R/O: C/O. PARVATAGOUDAR R. GOUDRA,
                       R/O: BAMMIGATTI-581204,
                       TQ: KALAGHATAGI, DHARWAD DISTRICT.

                 2.    SMT. NEELAVVA
                       W/O. GULAYYA CHIKKAMATH
                       AGED ABOUT 58 YEARS,
                       OCC: HOUSEHOLD, R/O: YELIVAL-581207,
                       KUNDGOL TQ., DHARWAD DISTRICT.

                 3.    SHRI. MAHADEVAYYA
                       S/O. VEERABHADRAYYA YARAGUPPI,
                       AGED ABOUT 58 YEARS,
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                                       NC: 2023:KHC-D:12968-DB
                                      RFA No. 100183 of 2021




     OCC: AGRICULTURE, R/O: YELIVAL-581207,
     KUNDGOL TQ., DHARWAD DISTRICT.

4.   SMT. KAMALAKSHI @ KALAVVA
     W/O. GURULINGAYYA NADUVINAMANI,
     AGED ABOUT 55 YEARS,
     OCC: HOUSEHOLD,
     R/O: YELIVAL-581207,
     KUNDGOD TQ., DHARWAD DISTRICT.

5.   SMT. VIMALAKSHI @ IRAMMA
     W/O. NAGARAJ SHASHIMATH,
     AGED ABOUT 53 YEARS,
     OCC: HOUSEHOLD,
     R/O: NEGALUR-581213,
     TQ. AND DISTRICT: HAVERI.

6.   SHRI. CHANNAVEERAYYA
     S/O. VEERABHADRAYYA YARAGUPPI,
     AGED ABOUT 52 YEARS,
     OCC: TEACHER,
     R/O: YELIVAL-581207,
     KUNDGOL TQ., DHARWAD DISTRICT.

7.   SMT. SUMANGALA @ VIAJYA @ KASTURI
     W/O. SIDDALINGAYYA CHIKKAMATH,
     AGED ABOUT 50 YEARS,
     OCC: HOUSEHOLD,
     R/O: KADASHETTIHALLI,
     HANGAL TQ., HAVERI DISTRICT.
                                               ...RESPONDENTS
(BY SRI.KIRANKUMAR S. CHATTIMATH, ADV. FOR
      SRI. DINESH M.KULKARNI, ADV. FOR R1;
      SRI. SHIVAKUMAR R. AMBLI AND
      SRI.S.S.NIRANJAN, ADV. FOR R2 TO R7)

      THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER 43
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
26.02.2020 PASSED IN O.S.NO.13/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
KUNDGOL, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION.

      THIS   RFA, COMING ON FOR ORDERS,           THIS   DAY,
H.P. SANDESH, J., PASSED THE FOLLOWING:
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                                    NC: 2023:KHC-D:12968-DB
                                   RFA No. 100183 of 2021




                         ORDER

Appellants' counsel has filed a memo along with copy

of the compromise petition filed in FDP No.2/2020 and in

terms of the compromise, final decree was drawn on

08.07.2023 by the Senior Civil Judge and JMFC, Kundagol.

Memo is taken on record and in view of the

compromise being entered into between the parties before

the concerned Court and the decree being drawn in terms

of the compromise, this appeal has become infructuous

and hence the appeal is dismissed as having become

infructuous.

Sd JUDGE

Sd JUDGE

SH