Irappa A/F Mallappa Desai vs Mallavva W/O Mallappa Desai
2023 Latest Caselaw 7603 Kant

                                                     -1-
                                                           NC: 2023:KHC-D:12958
                                                             RSA No. 100476 of 2014




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 7TH DAY OF NOVEMBER, 2023

                                                  BEFORE
                                THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                         REGULAR SECOND APPEAL NO.100476 OF 2014 (PAR)
                        BETWEEN:

                        IRAPPA A/F MALLAPPA DESAI
                        AGED ABOUT: 33 YEARS, OCC: AGRI.
                        R/O. NIGADI, TQ AND DIST: DHARWAD
                        PIN-580007.
                                                                        ...APPELLANT

                        (BY SRI. S. R. HEGDE, ADVOCATE)

                        AND:

                        SMT. MALLAVVA W/O MALLAPPA DESAI
                        AGED ABOUT: 70 YEARS, OCC:HOUSE HOLD WORK,
                        R/O. NIGADI, TQ AND DIST: DHARWAD
                        PIN-580007.
                                                                      ...RESPONDENT

                        (NOTICE TO RESPONDENT IS SERVED)
           Digitally
           signed by
           VISHAL             THIS REGULAR SECOND APPEAL IS FILED U/S. 100 OF CPC,
VISHAL     NINGAPPA
                        AGAINST THE JUDGMENT AND DECREE DTD: 25.06.2014 PASSED IN
NINGAPPA   PATTIHAL
PATTIHAL   Date:        R.A.NO. 220/2012 ON THE FILE OF THE II ADDL. DISTRICT AND
           2023.11.08   SESSIONS AND SPL. JUDGE, DHARWAD, DISMISSING THE APPEAL,
           11:31:41
           +0530        FILED AGAINST THE JUDGMENT AND DECREE DTD: 18.02.2012 AND
                        THE DECREE PASSED IN O.S.NO. 616/2009 ON THE FILE OF THE
                        PRL. CIVIL JUDGE AND PRL. JMFC., DHARWAD, DISMISSING THE
                        SUIT FILED FOR PARTITION.

                              THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS,
                        THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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                                          NC: 2023:KHC-D:12958
                                            RSA No. 100476 of 2014




                               JUDGMENT

Learned counsel for the appellant submits that the

parties herein have settled the matter amicably and files a

memo for withdrawal.

2. The memo reads as under:

"Herein, the above named appellant most humbly bets to file memo as under:

The appellant and the respondent have settled the dispute out of the Court. As such the appellant is not intending to proceed with the top noted appeal.

Wherefore, it is most humbly prays before this Hon'ble Court to allow the appellant to withdraw the top noted appeal in the interest of justice and equity."

3. Memo for withdrawal is accepted. Appeal is

dismissed as withdrawn.

4. Registry is directed to return the original

documents on production of photocopies of the same.

5. In view of the dismissal of the second appeal,

pending applications, if any, do not survive for consideration.

Sd/-

JUDGE

EM