Karnataka High Court
Giriyappa vs Indravva on 9 October, 2023
Bench: Anant Ramanath Hegde
-1-
NC: 2023:KHC-D:11962
MFA No. 100767 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 100767 OF 2016 (CPC)
BETWEEN:
SRI. GIRIYAPPA
S/O SOMAPPA HONGAL,
AGE: 46 YEARS,OCC: AGRICULTURE,
R/O: SOPPADLA, TQ: SAUNDATTI,DIST: BELAGAVI.
...APPELLANT
(BY SRI. SMT SHAILA BELLIKATTI, ADVOCATE)
AND:
1. SMT. INDRAVVA
W/O SOMAPPA HONGAL,
AGE: 67 YEARS,OCC: HOUSEHOLD WORK,
R/O: SOPPADLA, TQ: SAUNDATTI,DIST: BELAGAVI.
2. MISS. MAHADEVI
D/O SOMAPPA HONGAL
AGE: 42 YEARS,OCC: HOUSEHOLD WORK,
R/O: SOPPADLA, TQ: SAUNDATTI,DIST: BELAGAVI.
Digitally
signed by
SAROJA
SAROJA HANGARAKI
HANGARAKI Date:
2023.10.10
3. SMT. MALLAVVA
15:24:01
+0530 W/O HANAMANTAPPA LANKENNAVAR,
AGE: 36 YEARS,OCC: HOUSEHOLD WORK,
R/O: RUSHI GALLI,GANDHINAGAR, BELAGAVI,
DIST: BELAGAVI.
4. MISS. RENUKA
D/O SOMAPPA HONGAL
AGE: 34 YEARS,OCC: HOUSEHOLD WORKS,
R/O: SOPPADLA, TQ: SAUNDATTI, DIST: BELAGAVI.
5. SRI. FAKKIRAPPA
S/O SOMAPPA HONGAL,AGE: 42 YEARS,
OCC: AGRICULTURE,R/O: SOPPADLA, TQ: SAUNDATTI,
-2-
NC: 2023:KHC-D:11962
MFA No. 100767 of 2016
DIST: BELAGAVI.
6. SRI. BASAVARAJ
S/O SOMAPPA HONGAL
AGE: 40 YEARS,OCC: AGRICULTURE,
R/O: SOPPADLA, TQ: SAUNDATTI, DIST: BELAGAVI.
7. RAJENDRA
S/O CHANNABASAPPA GOURANNAVAR
AGE: 65 YEARS,OCC: AGRICULTURE,
R/O: KARAKOL,TQ: RAMADURG.
...RESPONDENTS
(BY SRI. SURESH P HUDEDAGADDI, ADVOCATE FOR R7;
R2, R4, R5 AND R6-NOTICE SERVED)
THIS MFA IS FILED U/O.43 RULE 1(d) OF THE CODE OF
CIVIL PROCEDURE, AGAINST THE ORDER DATED:08.02.2016,
PASSED IN CIVIL MISC.NO.19/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE, SAUNDATTI, DISMISSING THE APPEAL FILED
UNDER ORDER 9 RULE 13 OF CPC., AND JUDGMENT AND DECREE
DATED:18.08.2014, PASSED IN OS NO.7/2013, ON THE FILE OF
THE SENIOR CIVIL JUDGE SAUNDATTI, DECREEING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned counsel for respondent No.7 submits that the
original dispute between the parties is settled in terms of the
compromise entered into between the parties in RFA
No.100102/2019 in terms of the judgment dated 07.08.2019.
2. This Court has perused the said judgment. It is
forthcoming that the dispute between the parties in O.S
No.7/2013 is settled.
NC: 2023:KHC-D:11962
MFA No. 100767 of 2016
3. This appeal is arising from an order passed in a
proceeding in Civil Miscellaneous No.7/2013. The said petition
was filed under Order IX rule 13 of Code of Civil procedure to
set aside the decree passed in O.S No.7/2013. The judgment in
RFA No.100102/2019 would reveal that O.S No.7/2013 on the
file of the Senior Civil Judge, Saundatti is settled, therefore,
nothing survives for consideration in this appeal. Accordingly,
the appeal is dismissed as abated.
Sd/-
JUDGE
PMP
