Karnataka High Court
Rudragouda S/O. Shivanagouda Patil vs Abdulrazak S/O. Abdulrab Masuti on 28 May, 2024
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NC: 2024:KHC-D:7045
RSA No. 100973 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 100973 OF 2018 (DEC/INJ-)
BETWEEN:
RUDRAGOUDA S/O SHIVANAGOUDA PATIL
SINCE DECEASED BY HIS LRS
1a) SMT. RENUKA W/O RUDRAGOUDA PATIL
AGE: 49 YEARS, OCC: HOUSEWIFE,
R/O GOUDAR ONI, RAYANAL VILLAGE,
TQ: HUBBALLI, DIST. DHARWAD-580024.
1b) SMT. SHIVAGANGA W/O MALATESH NANDENNAVAR
AGE: 31 YEARS, OCC: HOUSEWIFE,
R/O GOUDAR ONI, RAYANAL VILLAGE,
TQ. HUBBALLI, DIST. DHARWAD-580024
1c) SHIVANGOUDA S/O RUDRAGOUDA PATIL
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O GOUDAR ONI, RAYANAL VILLAGE,
Digitally signed
by SHIVAKUMAR TQ. HUBBALLI, DIST. DHARWAD-580024
HIREMATH
Location: HIGH
COURT OF 1d) SHRI. MALLANGOUDA S/O RUDRAGOUDA PATIL
KARNATAKA AGE: 26 YEARS, OCC: AGRICULTURE,
DHARWAD
BENCH R/O GOUDAR ONI, RAYANAL VILLAGE,
DHARWAD
TQ. HUBBALLI, DIST. DHARWAD-580024
1e) BASANGOUDA S/O RUDRAGOUDA PATIL,
AGE: 22 YEARS, OCC: AGRICULTURE,
R/O GOUDAR ONI, RAYANAL VILLAGE,
TQ. HUBBALLI, DIST. DHARWAD-580024
...APPELLANTS
(BY SRI S.S.NIRANJAN., ADVOCATE)
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NC: 2024:KHC-D:7045
RSA No. 100973 of 2018
AND:
1. ABDULRAZAK S/O. ABDULRAB MASUTI
AGE: MAJOR, OCC: BUSINESS,
R/O. H.NO.MIG 114, NAVANAGAR,
HUBBALLI, DIST:DHARWAD-580025.
2. SHOBHA W/O ASHOK BELAMKARI,
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O. BANK COLONY,
NEAR SIDDARUDMATH,
OLD HUBBALLI, HUBBALLI,
3. SIDDANAGOUDA S/O. SHIVANAGOUDA PATIL
AGE: ABOUT 43 YEARS, OCC: AGRICULTURE,
R/O. RAYANAL VILLAGE, TQ: HUBBALLI,
DIST: DHARWAD-580024.
...RESPONDENTS
(BY SRI. S R HEGDE AND P.K. SANNIGAMMANAR, ADVOCATE FOR
C/R-2, R1 AND R3 SERVED)
REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF
CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
14.11.2018 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND
SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI IN
R.A.NO.19/2012 REVERSING THE JUDGMENT AND DECREE DATED
08.12.2011 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE,
HUBBALLI IN O.S.NO.127/2008 AND CONSEQUENTLY RESTORE THE
JUDGMENT AND DECREE DATED 08.12.2011 PASSED BY THE
LEARNED PRINCIPAL SENIOR CIVIL JUDGE, HUBBALLI IN
O.S.NO.127/2008.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:7045
RSA No. 100973 of 2018
ORDER
Learned counsel for the appellants has filed a memo
dated 27.05.2024 which reads as follows:
"MEMO FOR WITHDRAWAL OF APPEAL
Herein the appellants respectfully beg to submit as under:
The appellants have filed above appeal before this Hon'ble
Court is seeking to set aside the Judgment and Decree dated
14-11-2018 in R.A No.19 of 2012 passed by the learned I Additional
District and Session Judge, Dharwad, sitting at Hubballi. It is submits
that the dispute between appellants and respondents was settled by
the parties through yielders out-side the court. Hence appellants
want to withdraw the present appeal as not pressed, in the interest
of justice and equity."
In view of the aforementioned, the above appeal is
dismissed as withdrawn.
Sd/-
JUDGE
PJ
CT:GSM
