Shantayya And Anr vs Sharanayya And Ors
2024 Latest Caselaw 6391 Kant

Karnataka High Court

Shantayya And Anr vs Sharanayya And Ors on 4 March, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                            -1-
                                              NC: 2024:KHC-K:1918-DB
                                                    RFA No.200004 of 2020




                              IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                           DATED THIS THE 4TH DAY OF MARCH, 2024

                                          PRESENT

                        THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                            AND
                            THE HON'BLE MR. JUSTICE K V ARAVIND

                   REGULAR FIRST APPEAL NO.200004 OF 2020 (PAR/POS)

                   BETWEEN:

                   1.   SHANTAYYA
                        S/O IRAPPAYYA MATH @ HIREMATH
                        AGE: 61 YEARS
                        OCC: AGRICULTURE
                        R/O: SHEGUNASHI
                        TQ: AND DIST:
                        VIJAYAPUR - 586 125.

                   2.   MALAYYA
                        S/O CHANNAYYA MATH @ HIREMATH
Digitally signed
                        AGE: 57 YEARS
by VARSHA N             OCC: AGRICULTURE
RASALKAR
Location: HIGH          R/O: SHEGUNASHI
COURT OF
KARNATAKA
                        TQ: AND DIST:
                        VIJAYAPUR - 586 125.
                                                             ...APPELLANTS

                   (BY SRI ANANTH S. JAHAGIRDAR, ADVOCATE)

                   AND:

                   1.   SHARANAYYA
                        S/O GURUPADAYYA MATH @ HIREMATH
                        AGE: 78 YEARS
                        OCC: AGRICULTURE
                              -2-
                                 NC: 2024:KHC-K:1918-DB
                                       RFA No.200004 of 2020




     R/O: JERE PLOT
     SHANTI NAGAR
     TQ: ATHANI, DIST:
     BELAGAVI - 591 304.

2.   LOKAYYA
     S/O GURUPADAYYA MATH @ HIREMATH
     AGE: 76 YEARS
     OCC: AGRICULTURE
     R/O: NIDONI
     TQ: AND DIST:
     VIJAYAPUR - 586 113.

3.   MALLAYYA
     S/O GURUPADAYYA MATH @ HIREMATH
     R/O: NAGARAL
     TQ: AND DIST:
     VIJAYAPUR - 586 113.
                                              ...RESPONDENTS

(BY SRI SHIVASHANKAR H. MANNUR, ADVOCATE FOR R1 & R2;
    R3 SERVED)

      THIS REGULAR FIRST APPEAL IS UNDER SECTION 96
READ WITH ORDER 41 RULE 1 AND 2 OF CODE OF CIVIL
PROCEDURE, 1908, PRAYING TO ALLOW THIS APPEAL AND SET
ASIDE   THE   JUDGMENT     AND     DECREE   DATED   18.11.2019
PASSED IN O.S.NO.47/2018 ON THE FILE OF III ADDITIONAL
SENIOR CIVIL JUDGE AND J.M.F.C. VIJAYAPUR AND TO PASS
ANY OTHER ORDER WHICH THIS HON'BLE FEELS NECESSARY
TO PASS IN THE CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE.


      THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THIS DAY H.T.NARENDRA PRASAD J., DELIVERED THE
FOLLOWING:
                             -3-
                              NC: 2024:KHC-K:1918-DB
                                    RFA No.200004 of 2020




                         JUDGMENT

1. Learned counsel for the appellants has filed a memo

dated 12.02.2024 stating that the parties have settled

their dispute vide judgment and decree dated 22.09.2023

passed by the IV Additional Senior Civil Judge and JMFC,

Vijayapur in O.S.No.559/2022.

2. Memo dated 12.02.2024 is taken on record.

3. The above appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

HA