Prashant vs Sayyajirao
2024 Latest Caselaw 4262 Kant

Karnataka High Court

Prashant vs Sayyajirao on 12 February, 2024

                                       -1-
                                                NC: 2024:KHC-D:3205
                                                 RSA No. 100976 of 2016




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                  DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                     BEFORE

                      THE HON'BLE MR JUSTICE R.NATARAJ

                 REGULAR SECOND APPEAL NO.100976/2016(POS)

            BETWEEN:

            1.   PRASHANT
                 S/O. JAYASINGRAO GHORPADE,
                 AGE: 42 YEARS,
                 OCC: AGRIL.,

            2.   UDAYSING
                 S/O. JAYASINGRAO GHORPADE,
                 AGE: 47 YEARS,
                 OCC: AGRIL.,

                 BOTH ARE R/O: MUDHOL,
                 TQ: MUDHOL,
                 DIST: BAGALKOTE-587313.
                                                          ...APPELLANTS
            (BY SRI DINESH M. KULKARNI, ADVOCATE)
Digitally
signed by
ROHAN       AND:
HADIMANI
T
                 SAYYAJIRAO
                 S/O. BABAJIRAO GHORPADE,
                 SINCE DECEASED BY HIS LR'S.,

            1.   SMT. SUNITA
                 W/O. DATTAJIRAO DESAI,
                 AGE: 54 YEARS,
                 OCC: HOUSE HOLD,
                 R/O: KOLHAPUR,
                 DIST: KOLHAPUR,
                 (MAHARASHTRA) - 416 001.
                            -2-
                                  NC: 2024:KHC-D:3205
                                   RSA No. 100976 of 2016




2.   ANANDRAO
     S/O. SAYYAJIRAO GHORPADE,
     AGE: 52 YEARS,
     OCC: AGRIL,
     R/O: MUDHOL,
     TQ: MUDHOL,
     DIST: BAGALKOTE - 587 313.

3.   SMT.SAMPADA
     W/O BABJIRAO DESAI,
     AGE: 50 YEARS,
     OCC: HOUSEHOLD,
     R/O: HUPARI,
     TQ AND DIST: KOLHAPUR,
     (MAHARASHTRA) - 416 001.
                                          ...RESPONDENTS
(BY SRI ABHISHEK C. PATIL, ADVOCATE)


      THIS RSA IS FILED UNDER SECTION 100 OF THE CODE

OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE

DATED 02.09.2016 PASSED IN R.A.NO.41/2008 ON THE FILE

OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE

FIRST CLASS, MUDHOL, ALLOWING THE APPEAL AND SETTING

ASIDE THE JUDGMENT AND DECREE DATED 15.04.2008,

PASSED IN O.S.NO.56/2007 ON THE FILE OF THE ADDITIONAL

CIVIL JUDGE (JR.DN.) MUDHOL, PARTLY DECREEING THE SUIT

FILED FOR POSSESSION.


      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:
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                                    NC: 2024:KHC-D:3205
                                      RSA No. 100976 of 2016




                            ORDER

This regular second appeal is filed by the plaintiffs in O.S.No.56/2007 on the file of the Addl. Civil Judge (Jr.Dn.), Mudhol challenging the judgment and decree dated 02.09.2016 passed in R.A.No.41/2008 on the file of the Senior Civil Judge & JMFC., Mudhol.

2. When this appeal was listed for admission, the learned counsel for the appellants submits that the parties have entered into a settlement and have entered into an agreement dated 03.07.2018 by which, they have put an end to the dispute. He has also enclosed a copy of the agreement dated 03.07.2018 which is duly registered.

3. In view of the aforesaid agreement, this appeal stands disposed off as having been settled between the parties outside the Court as per the document dated 03.07.2018.

SD/-

JUDGE

RH

CT-ASC