Ramappa S/O Kurmappa Ors vs Sidramappa S/O Kurmappa Ors
2024 Latest Caselaw 12369 Kant

Karnataka High Court

Ramappa S/O Kurmappa Ors vs Sidramappa S/O Kurmappa Ors on 4 June, 2024

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                                                        NC: 2024:KHC-K:3562
                                                           RSA No. 7143 of 2012




                               IN THE HIGH COURT OF KARNATAKA
                                      KALABURAGI BENCH

                             DATED THIS THE 4TH DAY OF JUNE, 2024

                                             BEFORE

                           THE HON'BLE Mrs JUSTICE K S HEMALEKHA

                        REGULAR SECOND APPEAL NO. 7143 OF 2012 (PAR)

                   BETWEEN:

                   1.    RAMAPPA S/O KURMAPPA,
                         AGED: ABOUT 65 YEARS,
                         OCC: AGRICULTURE.

                   2.    SHANKARAPPA S/O RAMAPPA ,
                         AGED: ABOUT 30 YEARS,
                         OCC: AGRICULTURE.

                   3.    KUMAR ANJAPPA S/O RAMAPPA ,
                         AGED: ABOUT 18 YEARS,
                         OCC: AGRICULTURE.

                   4.    VENKATAPPA @ VENKATESH,
                         S/O RAMAPPA , AGED: ABOUT 20 YEARS,
Digitally signed         OCC: AGRICULTURE.
by SWETA
KULKARNI
Location: High           ALL ARE R/O: IDLOOR VILLAGE,
Court of
Karnataka                TQ. & DIST. YADGIRI-585 201.

                                                                  ...APPELLANTS
                   (BY SRI RAVI B PATIL, ADVOCATE)

                   AND:

                   1.     SIDRAMAPPA S/O KURMAPPA,
                          DIED THROUGH LR'S.

                   1(a) NARSAMMA W/O THIMAPPA,
                        AGED ABOUT 35 YEARS,
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                                NC: 2024:KHC-K:3562
                                    RSA No. 7143 of 2012




     IDLOOR VILLAGE,
     TQ. & DIST. YADGIRI-585 201.

1(b) RAMALLAMMA W/O JAMBAPPA,
     AGED ABOUT 31 YEARS,
     OCC: HOUSEHOLD,
     R/O: BADDEPALLI VILLAGE,
     TQ: & DIST: YADGIRI-585 201.

2.   BASWARAJ S/O SIDRAMAPPA,
     AGED ABOUT 32 YEARS,
     OCC: AGRICULTURE.

3.   VENKATESH S/O SIDRAMAPPA,
     AGED ABOUT 30 YEARS,
     OCC: AGRICULTURE.

4.   NARAYANA S/O SIDRAMAPPA,
     AGED ABOUT 27 YEARS,
     OCC: AGRICULTURE.

5.   KRISHNA S/O SIDRAMAPPA,
     AGED ABOUT 25 YEARS,
     OCC: AGRICULTURE.

     ALL ARE R/O: IDLOOR VILLAGE
     TQ: & DIST: YADGIRI-585 201.

                                         ...RESPONDENTS

(BY SRI PRASHANT MYAKERI, SRI AYYANAGOUDA AND
   SRI T.H. KATTIMANI ADVS. FOR C/R3; NOTICE TO R1(a),
   AND R5-SERVED;)

     THIS RSA IS FILED U/S. 100 OF THE CPC, PRAYING TO
ALLOW THE ABOVE SECOND APPEAL AND SET ASIDE THE
JUDGMENT AND DECREE DATED 28.02.2012 R.A. NO.4/2012
PASSED BY THE SENIOR CIVIL JUDGE AT YADGIRI AND
CONSEQUENTLY SET ASIDE THE JUDGMENT AND DECREE IN
O.S. NO.147/2007 DATED 15.12.2011 PASSED BY THE COURT
OF CIVIL JUDGE AT YADGIRI, AND REMAND THE MATTER BACK
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                                       NC: 2024:KHC-K:3562
                                          RSA No. 7143 of 2012




TO THE TRIAL COURT FOR EFFECTIVE ADJUDICATION OF THE
MATTER IN DISPUTE AND TO MEET THE ENDS OF JUSTICE.


    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellants would submit that

the parties have amicably settled the dispute and present

appeal has been rendered infructuous. The memo to that

effect reads as under:

"The Appellant submits that in view of the settlement arrived the matter has rendered infructuous, hence the Appellant may be permitted to withdraw the petition, in the interest of justice."

2. Memo is taken on record.

3. In view of the submission and memo filed, the

appeal is dismissed as withdrawn.

Sd/-

JUDGE

AT List No.: 1 Sl No.: 11/ CT: VD