Khadarsab S/O. Gudusab Habbunavar vs Hazaratsab S/O. Gudusab Habbunavar
2023 Latest Caselaw 8735 Kant

Karnataka High Court

Khadarsab S/O. Gudusab Habbunavar vs Hazaratsab S/O. Gudusab Habbunavar on 28 November, 2023

                                                   -1-
                                                         NC: 2023:KHC-D:13870
                                                           RSA No. 100206 of 2017




                                 IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                             DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                                BEFORE

                              THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                                    RSA NO.100206 OF 2017 (PAR)

                      BETWEEN:

                      KHADARSAB S/O. GUDUSAB HABBUNAVAR,
                      AGE: 73 YEARS, OCC: AGRICULTURE,
                      R/O: MATTIKAL ONI, GAMANGATTI,
                      TQ: HUBBALLI, DIST: DHARWAD-580025.
                      (HOWEVER , SHOWN AS R/O. UNKAL,
                      HUBLI IN PLAINT)
                                                                       ...APPELLANT
                      (BY SRI. VIJAY S. CHINIWAR, ADVOCATE)

                      AND:

                      HAZARATSAB S/O. GUDUSAB HABBUNAVAR,
                      AGE: 78 YEARS, OCC: AGRICULTURE,
                      R/O: UNKAL, HUBBALLI-580031,
                      DIST: DHARWAD.
         Digitally                                                   ...RESPONDENT
         signed by
         VISHAL
VISHAL   NINGAPPA
NINGAPPA PATTIHAL           THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100
PATTIHAL Date:
         2023.11.29
                      OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT
         13:22:00     AND DECREE DATED 18.07.2016 PASSED IN RA NO. 289/2010 ON
         +0530
                      THE FILE OF THE V ADDITIONAL DISTRICT JUDGE, DHARWAD,
                      SITTING AT HUBBALLI, DISMISSING THE APPEAL AND CONFIRMING
                      THE JUDGMENT AND DECREE DATED 04.10.2010 PASSED IN O.S.NO.
                      156/2003 ON JUDGE, HUBBALLI DECREEING THE SUIT FILED FOR
                      PARTITION    AND  SEPARATE   POSSESSION    AND   PERMANENT
                      INJUNCTION.

                            THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS,
                      THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                   -2-
                                        NC: 2023:KHC-D:13870
                                          RSA No. 100206 of 2017




                             JUDGMENT

Learned counsel appearing for the appellant submits that

the parties have resolved their dispute and the appellant does

not intend to proceed with the appeal and files a memo to that

effect.

2. The memo reads as under:

"Herein, the appellant above named begs to submit by this memo as under:-

That the appellant does not intend to proceed with the matter.

Under these circumstances, the above case may please be disposed off as not pressed, in the interest of justice and equity."

3. In view of the submission and the memo, the appeal

is dismissed as not pressed.

In view of the appeal having dismissed as not pressed, the

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

the same are accordingly disposed of.

Sd/-

JUDGE VNP / CT: UMD