Basavaraj S/O. Somappa vs Somappa S/O. Palappa
2024 Latest Caselaw 4653 Kant

Karnataka High Court

Basavaraj S/O. Somappa vs Somappa S/O. Palappa on 15 February, 2024

                                                     -1-
                                                             NC: 2024:KHC-D:3691-DB
                                                           RFA No. 100429 of 2018




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 15TH DAY OF FEBRUARY 2024
                                                PRESENT
                                THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                                     AND
                                  THE HON'BLE MR JUSTICE RAJESH RAI K
                           REGULAR FIRST APPEAL NO. 100429 OF 2018 (PAR/INJ)


                      BETWEEN:

                      BASAVARAJ S/O. SOMAPPA
                      AGED ABOUT 50 YEARS,
                      R/O. CHIKKACHELUR VILLAGE,
                      PARASURAMPURA HOBLI,
                      TQ: CHALLAKERE,
                      DIST: CHITRADURGA-577538.
                                                                       ...APPELLANT
                      (BY SRI.K.L.PATIL, ADVOCATE)


                      AND:

                      1.    SOMAPPA S/O. PALAPPA
                            AGED ABOUT 75 YEARS,
                            R/O. CHIKKACHELUR VILLAGE,
                            PARASURAMPURA HOBLI,
MOHANKUMAR
B SHELAR
                            TQ: CHALLAKERE,
                            DIST: CHITRADURGA-577538.
Digitally signed by
MOHANKUMAR B
SHELAR
Date: 2024.02.22
16:02:07 +0530        2.    VEERANNA S/O. SOMAPPA
                            AGED ABOUT 42 YEARS,
                            R/O. CHIKKACHELUR VILLAGE,
                            PARASURAMPURA HOBLI,
                            TQ: CHALLAKERE,
                            DIST: CHITRADURGA-577538.

                      3.    RATNAGIRI ERAMMA
                            W/O. RATNAGIRI MODI ERAPPA,
                            AGED ABOUT 57 YEARS,
                            R/O. MODI MUDDANNA HOUSE,
                            VEERATH PETE, 17TH WARD, KAMPLI TOWN,
                            TQ: HOSAPETE, DIST: BALLARI-583132.
                              -2-
                                        NC: 2024:KHC-D:3691-DB
                                     RFA No. 100429 of 2018




4.    RATNAGIRI MELGIRAPPA
      S/O. RATNAGIRI MODI MUDDANNA,
      AGED ABOUT 54 YEARS,
      R/O. MODI MUDDANNA HOUSE,
      VEERATH PETE, 17TH WARD, KAMPLI TOWN,
      TQ: HOSAPETE, DIST: BALLARI-583132.
                                             ...RESPONDENTS
(BY SRI.S.G.KADADAKATTI, ADVOCATE FOR R1 AND R2;
SRI.MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R3 AND R4)


      THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER XLI
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
21.07.2018 PASSED IN O.S.NO.46/2016 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS, HOSAPETE, DISMISSING THE SUIT FILED FOR PARTITION
AND SEPARATE POSSESSION.

    THIS RFA COMING ON FOR ORDERS, THIS DAY, ASHOK S.
KINAGI, J., DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking leave of the Court to withdraw the appeal.

The memo is placed on record.

The appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

                                       JUDGE
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