Sri. Rama S/O Jatta Naik vs Sri. Rama S/O Shaniyar Naik
2023 Latest Caselaw 7413 Kant

                                                       -1-
                                                             NC: 2023:KHC-D:12705
                                                               RSA No. 100751 of 2022




                                   IN THE HIGH COURT OF KARNATAKA
                                             DHARWAD BENCH
                               DATED THIS THE 31ST DAY OF OCTOBER, 2023

                                                  BEFORE
                                THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                               REGULAR SECOND APPEAL NO.100751 OF 2022
                                             (PAR/INJ)
                        BETWEEN:

                        SRI. RAMA S/O JATTA NAIK,
                        AGE: 61 YEARS, OCC: BUSINESS
                        AND AGRICULTURE,
                        R/O: KOPPADAMANE, SHARADAHOLE,
                        SHIRALLI-1, VILLAGE,
                        TQ: BHATKAL, DIST: UTTARA KANNADA,
                        PINCODE-581320.
                                                                          ...APPELLANT
                        (BY SRI S.B.PATIL, ADVOCATE)

                        AND:

                        1.   SRI RAMA S/O SHANIYAR NAIK,
                             AGE: 41 YEARS, OCC: AGRICULTURE.

                        2.   SRI. MANJUNATH S/O SHANIYAR NAIK,
           Digitally         AGE: 38 YEARS, OCC: AGRICULTURE,
           signed by
           VISHAL
VISHAL     NINGAPPA
NINGAPPA   PATTIHAL     3.   SMT. MASTAMMA D/O SHANIYAR NAIK,
PATTIHAL   Date:
                             AGE: 56 YEARS, OCC: AGRICULTURE,
           2023.11.03
           11:28:44
           +0530
                        4.   SMT. ERAMMA D/O SHANIYAR NAIK,
                             AGE: 54 YEARS, OCC: AGRICULTURE,

                             ALL ARE RESIDENCE OF SHARADHAHOLE,
                             SHIRALLI-1, VILLAGE, TQ: BHATKAL,
                             DIST: UTTARA KANNADA,
                             PINCODE-581320.
                                                                       ...RESPONDENTS
                        (NOTICE TO RESPONDENT NOS.1 TO R4 IS SERVED)
                              -2-
                                   NC: 2023:KHC-D:12705
                                     RSA No. 100751 of 2022




      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED
13.01.2022 PASSED IN R.A.NO.28/2019 ON THE FILE OF THE
SENIOR CIVIL JUDGE, BHATKAL, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 11.04.2019,
PASSED IN O.S.NO.70/2015 ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE, BHATKAL, DECREEING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION AND INJUNCTION.

      THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellant submits that,

parties herein have amicably resolved the dispute outside

the Court and files a memo to that effect.

2. The said memo is taken on record.

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

dismissed as withdrawn.

In view of the withdrawal of the appeal, pending

applications, if any, would not survive for consideration.

(Sd/-) JUDGE

EM