Karnataka High Court
Tayakka W/O Shivarudra vs Mahadev S/O Shankar Gavani on 30 May, 2024
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NC: 2024:KHC-D:7163
RSA No. 5649 of 2009
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 5649 OF 2009 (PAR-)
BETWEEN:
1. TAYAKKA W/O SHIVARUDRA CHOUGULA
AGE: 65 YEARS,OCC: AGRICULTURE
AND HOUSEHOLD WORK,
R/O JALALPUR, NOW AT DIGGEWADI-591317.
TALUK : RAIBAG, DIST: BELAGAVI.
2. IRAPPA SHIVARUDRA CHOUGULA
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O JALALPUR, NOW AT DIGGEWADI-591317.
TALUK: RAIBAG, DIST: BELAGAVI.
3. SHIVANAND SHIVARUDRA CHOUGULA
AGE: 27 YEARS, OCC: AGRICULTURE,
R/O JALALPUR, NOW AT DIGGEWADI-591317.
TALUK: RAIBAG, DIST: BELAGAVI.
...APPELLANTS
Digitally signed by (BY SRI B. S. KAMATE, ADVOCATE)
SAROJA
HANGARAKI AND:
Location: HIGH
COURT OF
KARNATAKA 1. MAHADEV S/O SHANKAR GAVANI
DHARWAD NOW CALLING HIM AS
BENCH
DHARWAD S/O SHIVARUDRA CHOUGULA,
AGE: 42 YEARS, OCC: SERVICE,
R/O RAJAPUR-416103,
TQ: SHIROL, DIST: KOLHAPUR,
(MAHARASTHRA)
2. RAJU SHIVAPPA CHOUGULA
SINCE DECEASED BY LRS
2(a) SMT. SHOBHA W/O RAJU CHOUGULA
AGE: 49 YEARS, OCC: HOUSEHOLD WORK,
R/O JALALPUR-591317, TQ. RAIBAG,
DIST. BELAGAVI.
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NC: 2024:KHC-D:7163
RSA No. 5649 of 2009
2(b) SHIVANAND S/O RAJU CHOUGULA
AGE: 29 YEARS, OCC: PRIVATE SERVICE,
R/O JALALPUR-591317, TQ. RAIBAG,
DIST. BELAGAVI.
2(c) DAYANAND S/O RAJU CHOUGULA
AGE: 27 YEARS, OCC: PRIVATE SERVICE,
R/O JALALPUR-591317, TQ. RAIBAG,
DIST. BELAGAVI.
2(d) LAXMIBAI W/O SHIVAPPA CHOUGULA
AGE: 79 YEARS, OCC: HOUSESHOLD,
R/O JALALPUR-591317, TQ. RAIBAG,
DIST. BELAGAVI.
3. SHANKAR JIVABA CHOUGULA
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O JALALPUR-591317, TALUK: RAIBAG,
DIST: BELAGAVI,
REPRESENTED BY HIS P.A. HOLDER
JIVABA SHANKAR CHOUGULA
R/O JALALPUR-591317,
TQ: RAIBAG, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI G.B. SHASTRY AND SRI R.M.KULKARNI, ADVS. FOR C/R1,
SRI. SHRIHARSH A NEELOPANT, ADVOCATE FOR R2(A) TO R2(D),
APPEAL AGAINST R-3 IS ABATED)
THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 21.10.2009 PASSED BY THE
LEARNED CIVIL JUDGE (SR.DN.) RAIBAG, IN R.A.NO.236/2008 AND
THE JUDGMENT AND DECREE DATED 29.03.2001 PASSED BY THE
LEARNED PRL. VIVIL JUDGE (JR.DN.) RAIBAG IN O.S.NO.181/1987
AND FURTHER THE SUIT O.S.NO.181/1987 FILED BY THE
PLAINTIFF/RESPONDENT NO.1 MAY KINDLY BE DISMISSED, BY
ALLOWING THE RSA WITH COSTS IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:7163
RSA No. 5649 of 2009
ORDER
The counsel for the appellants has filed a memo,
which reads as follows:
"It is submitted that on the memo filed reporting
settlement this Hon'ble Court was pleased to pass an
order on 30/08/2023 modifying the interim order
holding that it shall be permissible for the Court in FDP
No.3/2023 to accept the compromise and to pass a
decree in terms of the said compromise. Accordingly the
compromise petition was filed and the FDP Court on
04/10/2023 allowed the compromise petition and
directed to draw final decree as per the compromise
petition. Therefore in view of the above order passed in
the FDP No.3/2023 the present RSA may kindly be
disposed of accordingly in the interest of justice."
It is forthcoming from the memo as noticed above
that the parties have amicably settled the matter in the
final decree proceedings. In view of the said submission,
the present second appeal is disposed of as settled
between the parties.
Sd/-
JUDGE
