Kushal And Anr vs Chinamma And Ors
2024 Latest Caselaw 10252 Kant

Karnataka High Court

Kushal And Anr vs Chinamma And Ors on 10 April, 2024

                                               -1-
                                                       NC: 2024:KHC-K:2961
                                                        RFA No. 200048 of 2019




                              IN THE HIGH COURT OF KARNATAKA,
                                     KALABURAGI BENCH

                            DATED THIS THE 10TH DAY OF APRIL, 2024

                                            BEFORE

                            THE HON'BLE MR. JUSTICE G BASAVARAJA

                        REGULAR FIRST APPEAL NO.200048 OF 2019 (PAR &
                                          SEP. POS)

                   BETWEEN:

                   1.    KUSHAL S/O LATE SIDRAM,
                         AGE: 41 YEARS, OCC: AGRICULTURE,
                         R/O: CHONDI, TQ: & DIST: BIDAR.

                   2.    SHOBHA W/O BABURAO BHARSHETTY,
                         AGED: 36 YEARS, OCC: HOUSEHOLD,
                         R/O: HALLIKHED (B), TQ: HUMNABAD,
                         DIST: BIDAR.
                                                                 ...APPELLANTS

                   (BY SRI SHARANABASSAPPA K BABSHETTY, ADVOCATE)

                   AND:
Digitally signed
by SWETA
KULKARNI
                   1.      CHINAMMA W/O LATE BASWARAJ,
Location: High
Court of                   AGE: 61 YEARS, OCC: HOUSEHOLD,
Karnataka

                   2.      PRASHANT S/O. LATE BASWARAJ,
                           AGE: 36 YEARS, OCC: AGRICULTURE,

                   3.      SIDDU S/O LATE BASWARAJ,
                           AGE: 33 YEARS, OCC: AGRICULTURE,

                   4.      SHIVANAND S/O LATE BASWARAJ,
                           AGE: 33 YEARS, OCC: AGRICULTURE,

                           ALL R/O: VILLAGE CHONDI,
                           TQ: & DIST: BIDAR-585401.
                             -2-
                                  NC: 2024:KHC-K:2961
                                    RFA No. 200048 of 2019




5.       SUBHASH S/O LATE SIDRAM
         AE: 46 YEARS, OCC: AGRICULTURE,
         R/O: CHONDI, TQ: & DIST: BIDAR-585401.

6.       MAHADEVI W/O CHANNAPPA BIRADER,
         DIED BY HER LR'S.

6(a)     INDUMATHI W/O VITHALRAO MALI BIRADER,
         AGE: 66 YEARS,
         OCC: HOUSE HOLD & AGRICULTURE,
         R/O: JANAWADA, TQ: & DIST: BIDAR-585401.

6(b)     CHINNAMMA W/O SHIVANLINGAPPA BAGALE,
         DIED BY HER LR'S.

(b)(i)   ASHOK S/O SHIVLINGAPPA BAGLE,
         AGE: 45 YEARS, OCC: AGRICULTURE & BUSINESS,
         R/O: NOUBAD, TQ: & DIST: BIDAR-585401.

(b)(ii) GANGAMMA D/O SHIVALINGAPPA
        (W/O OMKAR HONNADD),
        AGE: 34 YEARS, OCC: HOUSEHOLD,
        R/O: VILLAGE HUNAJI, TQ: BHALKI,
        DIST: BIDAR-585401.

6(c)     RESHEMBAI W/O ANJAPPA ULLAGADE,
         AGE: 62 YEARS, OCC: HOUSE HOLD,
         R/O: NAGANNA CHOWK, ZAHIRABAD,
         DIST: MEDAK, (TS)-502110.

6(d)     KASTURABAI W/O SHARNAPPA ATIWALE,
         AGE: 57 YEARS, OCC: HOUSE HOLD,
         ANDOOR, TQ: & DIST: BIDAR-585401.

6(e)     SHANTAMMA W/O BASWARAJ
         AGE: 55 YEARS, OCC: HOUSE HOLD,
         R/O: NEAR GANESH TEMPLE,
         VIDYANAGAR, BIDAR-585401.
                                          ...RESPONDENTS
(BY SRI AJAYKUMAR A.K., ADV. FOR R1 TO R4;
 V/O DATED 05.03.2024 R2 TO R4 ARE THE LR'S OF R1;
                                    -3-
                                          NC: 2024:KHC-K:2961
                                           RFA No. 200048 of 2019




R5, R6(a), R6(b)(i), R6(b)(ii), R6(d) ARE SERVED)

     THIS RFA IS FILED U/S 96 OF CPC, PRAYING TO CALL
FOR THE RECORDS AND ALLOW THIS APPEAL AND
SET-ASIDE THE JUDGMENT AND DECREE DATED:30.11.2018,
PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT
BIDAR, IN O.S. NO.82/2013.

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

                              JUDGMENT

The learned counsel for the appellants has filed a memo

seeking permission to withdraw the appeal which reads as

under:

"In the above case, both the parties to the appeal have amicably settled the dispute out of Court. Hence, the appellants may be permitted to withdraw the above appeal, in the ends of justice."

In view of the memo, appellants are permitted to

withdraw the appeal. Accordingly, the appeal is disposed of.

Sd/-

JUDGE

SWK

CT-VD