Karnataka High Court
Smt Sushila W/O Suresh Chougala vs Smt Indumati W/O Bhimappa Munnoli on 8 January, 2024
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NC: 2024:KHC-D:337-DB
RFA No. 100245 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 100245 OF 2023 (PAR/POS)
BETWEEN:
1. SMT. SUSHILA
W/O. SURESH CHOUGALA,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: HEBBAL-591313,
TAL: HUKKERI, DIST: BELAGAVI.
2. PRAMOD
S/O. SURESH CHOUGALA
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: HEBBAL-591313,
TAL: HUKKERI, DIST: BELAGAVI.
3. VINOD
S/O. SURESH CHOUGALA
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: HEBBAL-591313,
Digitally signed
by SAMREEN
AYUB DESHNUR
TAL: HUKKERI, DIST: BELAGAVI
Date: 2024.01.17
11:48:36 +0530
4. SMT. BHARATI
W/O. JINAGOUDA CHOUGALA
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: KOTHALI-591201,
TAL: CHIKODI, DIST: BELAGAVI.
...APPELLANTS
(BY SRI. RAVI S. BALIKAI, ADVOCATE)
AND:
1. SMT INDUMATI
W/O. BHIMAPPA MUNNOLI
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NC: 2024:KHC-D:337-DB
RFA No. 100245 of 2023
AGE: 75 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O: HALAKARNI-400543,
TAL: GADHINGLAJ, DIST: KOLHAPUR
2. SMT. TARABAI @ SUSHILA
W/O. JINAGOUDA MALAGOUDANAVAR
AGE: 70 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O: ELIMNNNOLI-591309
TQ. HUKKERI, DIST: BELAGAVI.
3. SMT. PADMAVATI
W/O. SHRIKANT SHERAVI
AGE: 67 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O SHINDIHATTI-5910304,
TAL: HUKKERI, DIST: BELAGAVI
4. SMT. SHOBHA
W/O. JINNAPPA KHANAPURI
AGE: 62 YEARS,
OCC: HOUSEHOLD WORK AND AGRICULTURE
R/O ELIMUNNOLI-591309
TAL: HUKKERI, DIST: BELAGAVI.
5. PRAKASH
S/O. DHARMARAJ CHOUGALA
AGE: 55 YEARS, OCC: H.H AND AGRICULTURE,
R/O: HEBBAL-591313,
TAL: HUKKERI, DIST: BELAGAVI.
...RESPONDENTS
THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96
CPC.,1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 25.11.2022 PASSED IN O.S.NO.152/2018 ON THE FILE OF
THE SENIOR CIVIL JUDGE, HUKKERI, ITINERARY COURT AT
SANKESHWAR, AND THE PLAINTIFFS SUIT BE DISMISSED AND THIS
APPEAL BE ALLOWED WITH COSTS, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ASHOK
S. KINAGI DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:337-DB
RFA No. 100245 of 2023
ORDER
Appellants filed a memo along with an affidavit of
appellant No.1, wherein it is stated that the appellants are
trying to settle the dispute amicably with the help of elders in
the family and appellants do not wish to prosecute the appeal.
Hence, the appellants pray to withdraw the appeal.
The said memo along with the affidavit is placed on
record. Accordingly, the appeal is dismissed as withdrawn.
In view of withdrawal of the appeal, I.A No.1/2023 does
not survive for consideration. Accordingly, the same is
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
PJ
