Udupendra @ Ravindrarao S/O ... vs Smt Sheela Ravidnra Gudur W/O Udupendra
2024 Latest Caselaw 790 Kant

Karnataka High Court

Udupendra @ Ravindrarao S/O ... vs Smt Sheela Ravidnra Gudur W/O Udupendra on 9 January, 2024

                                         -1-
                                                NC: 2024:KHC-D:413
                                                  RSA No. 5136 of 2009




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                     DATED THIS THE 9TH DAY OF JANUARY, 2024

                                       BEFORE

                        THE HON'BLE MR JUSTICE R.NATARAJ

                    REGULAR SECOND APPEAL NO.5136/2009(SP)

            BETWEEN:

            1.   UDUPENDRA @ RAVINDRARAO
                 S/O. BALAAVANTRAO GUDUR,
                 AGE: 52 YEARS, OCC: SERVICE,
                 R/O: NEAR RAILWAY STATION,
                 BAGALKOT - 587 101.

            2.   SMT. RADHABAI
                 W/O. BALAAVANTRAO GUDUR,
                 AGE:71 YEARS,
                 OCC: HOUSEHOLD WORK,
                 R/O: GADDANAKERI, BAGALKOT.

                                                             ...APPELLANTS

            (BY SRI S. B. HEBBALLI, ADVOCATE)

            AND:
Digitally
signed by   1.   SMT. SHEELA RAVINDRA GUDUR,
ROHAN            W/O. UDUPENDRA @ RAVINDRARAO GUDUR,
HADIMANI
T                AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
                 R/O: S. R. GOTE, LOKAPUR,
                 TAL: MUDHOL,
                 DIST: BAGLKOT - 587 101.

            2.   RAHUL RAVINDRA GUDUR
                 S/O. UDUPENDRA @ RAVINDRARAO GUDUR,
                 AGE: 14 YEARS, OCC: STUDENT,
                 MINOR, REPRESENTED BY M/G AND HIS MOTHER,
                 THE RESPONDENT NO. 1 ABOVE.

            3.   SMT. BAGYALAXMI CALLING HERSELF
                 W/O. UDUPENDRA @ RAVINDRARAO GUDUR,
                 AGE: MAJOR, OCC: PRIVATE SERVICE,
                                 -2-
                                         NC: 2024:KHC-D:413
                                           RSA No. 5136 of 2009




     R/O: W.NO.X, BIHIND MAILARALINGESHWAR
     KHANAWALLI, NEAR RAILWAY STATION,
     BAGALKOTE - 587 101.

4.   KUM. BAVANA CALLING HERSELF
     D/O. UDUPENDRA GUDUR,
     AGE: 12 YEARS, OCC: STUDENT,
     SINCE MINOR REP. BY HER
     MOTHER RESPT. NO. 3.

5.   PRATVIRAJ CALLING HIMSELF AS
     S/O. UPENDRA @ RAVI GURUR,
     AGE: 15 YEARS, OCC: STUDENT,
     SINCE MINOR REP. BY HER
     MOTHER RESPT. NO. 3.

                                                 ...RESPONDENTS

(BY SRI DATTATRAYA T. HEBBAR, ADVOCATE FOR R1 AND R2;
 SRI A.B.PATIL, ADVOCATE FOR R3;
 R4 AND R5 ARE MINORS REPRESENTED BY R3)



      THIS   RSA   IS   FILED U/S.    100 OF CPC, AGAINST THE

JUDGEMENT & DECREE DATED 25/11/2008 PASSED IN R.A.NO.

4/2008 ON THE FILE OF THE FAST TRACK COURT NO.II, BAGALKOT,

DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND

DECREE DATED 30/11/2007 IN O.S NO.12/2003 ON THE FILE OF THE

I ADDITIONAL CIVIL JUDGE (SR.DN), BAGALKOT, DECREEING THE

SUIT FILED FOR PARTITION AND SEPARATE POSSESSION AND ALSO

FOR DECLARATION.



      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                               -3-
                                      NC: 2024:KHC-D:413
                                         RSA No. 5136 of 2009




                            ORDER

Learned counsel for the appellants submits that the

parties have settled the dispute out of the Court and therefore,

prays that the appeal may be dismissed as withdrawn. A memo

to that effect is filed.

Memo is placed on record.

In view of the memo, the appeal is dismissed as

withdrawn.

SD/-

JUDGE

RH

CT-ASC