Krishnappa S/O Chennappa Kanamakkal vs Smt.Rindabai W/O Hanamantsa Kalburgi
2024 Latest Caselaw 636 Kant

Karnataka High Court

Krishnappa S/O Chennappa Kanamakkal vs Smt.Rindabai W/O Hanamantsa Kalburgi on 8 January, 2024

                                           -1-
                                                 NC: 2024:KHC-D:338
                                                 RSA No. 100505 of 2019




               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 8TH DAY OF JANUARY, 2024

                                      BEFORE

                        THE HON'BLE MR JUSTICE R.NATARAJ

                   REGULAR SECOND APPEAL NO.100505/2019(SP)

            BETWEEN:

            KRISHNAPPA
            S/O. CHENNAPPA KANAMAKKAL,
            AGE ABOUT: 56 YEARS,
            OCC: SERVICE, R/O: H.NO.420,
            ANAND NAGAR, OLD-HUBBALLI,
            HUBBALLI.
                                                             ...APPELLANT
            (BY SRI M. R. MULLA, ADVOCATE)

            AND:

            SMT. RINDABAI
            W/O. HANAMANTSA KALBURGI,
            AGE ABOUT 59 YEARS,
            OCC: HOUSEHOLD,
            R/O: 1ST CROSS, KAMARIPETH,
            HUBBALLI.
Digitally
signed by                                                  ...RESPONDENT
ROHAN
HADIMANI
T
                 THIS RSA IS FILED UNDER SECTION 100 IF CPC, AGAINST
            THE JUDGMENT AND DECREE DATED 22.04.2019 PASSED IN
            R.A.NO.33/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
            JUDGE, HUBBALLI, DISMISSING THE APPEAL AND CONFIRMING THE
            JUDGMENT AND DECREE DATED 04.01.2013, PASSED IN
            O.S.NO.206/2008 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE
            AND III JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI,
            DECREEING THE SUIT FILED FOR DECLARATION AND SPECIFIC
            PERFORMANCE OF CONTRACT.


                 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
            COURT DELIVERED THE FOLLOWING:
                               -2-
                                       NC: 2024:KHC-D:338
                                       RSA No. 100505 of 2019




                            ORDER

Learned counsel for the appellant has filed a memo that

the parties have reported a compromise in Execution Petition

No.187/2013 before the II Additional Civil Judge, Hubballi.

The memo is placed on record.

In view of the memo, the appeal is dismissed as not

pressed.

The Court fee is ordered to be refunded to the appellant

in accordance with law.

SD/-

JUDGE

PMP

CT-ASC