Karnataka High Court
Sri. S. Thippana Gouda S/O Late S. Mare ... vs Sri. S. Naganagouda S/O Late ... on 5 November, 2024
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NC: 2024:KHC-D:16123
RSA No. 5738 of 2011
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 5738 OF 2011 (PAR)
BETWEEN:
1. SRI. S. THIPPANA GOUDA
S/O. LATE S. MARE GOUDA,
SINCE DECEASED BY LRS
1A. SMT. LALITHAMMA W/O. S. THIPPAN GOUDA,
AGE: ABOUT 48 YEARS, OCC. HOUSEHOLD WORK,
R/O. KURUGODU VILLAGE,
TQ AND DIST. BALLARI-583101.
1B. SMT. SANDHYA D/O. S. THIPPAN GOUDA,
AGE: ABOUT 25 YEARS, OCC. HOUSEHOLD WORK,
Digitally signed by
VISHAL NINGAPPA R/O. KURUGODU VILLAGE,
PATTIHAL
Location: HIGH
COURT OF
TQ AND DIST. BALLARI-583101.
KARNATAKA
DHARWAD BENCH
1C. KUMARI ASHWINI D/O. S. THIPPAN GOUDA,
AGE: ABOUT 23 YEARS, OCC. NIL,
R/O. KURUGODU VILLAGE,
TQ AND DIST. BALLARI-583101.
1D. KUMAR SHARATH GOUDA S/O. THIPPAN GOUDA,
AGE: ABOUT 17 YEARS, OCC. STUDENT,
R/O. KURUGODU VILLAGE,
TQ AND DIST. BALLARI-583101.
1E. KUMARI GOUTHAMI D/O. THIPPAN GOUDA
AGE: ABOUT 15 YEARS, OCC. STUDENT,
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NC: 2024:KHC-D:16123
RSA No. 5738 of 2011
R/O. KURUGODU VILLAGE,
TQ AND DIST. BALLARI-583101.
...APPELLANTS
(BY SRI. SRINAND A PACHHAPURE, ADVOCATE;
A1(D AND E) ARE MINORS REPRESENTED BY A1(A))
AND:
1. SRI. S. NAGANAGOUDA
S/O. LATE THIPPANAGOUDA,
SINCE DECEASED BY HIS LRS.
1A. SMT. ERAMMA W/O. S. NAGANAGOUDA,
AGE: ABOUT 70 YEARS, OCC. HOUSEHOLD WORK,
R/O. CAR STREET, BALLARI-583101.
1B. SRI. HANUMAN GOUDA S/O. S. NAGANAGOUDA,
AGE: 50 YEARS, OCC. POLICE CONSTABLE,
KURUGODU POLICE STATION, KURUGODU,
TQ AND DIST. BALLARI-583101.
2. SRI. S. DODDABASAPPA
SINCE DECEASED BY HIS LRS.
2A. SMT. LINGAMMA
W/O. LATE S. DODDABASAPPA,
AGE: ABOUT 58 YEARS,
R/O. KURUGODU VILLAGE,
TQ AND DIST. BALLARI-583101.
2B. SRI. S. SIDDANAGOUDA
S/O. LATE S. DODDABASAPPA,
AGE: 37 YEARS, R/O. KURUGODU,
TQ. AND DIST. BELLARI-583101.
2C. S. NAGARAJ GOUDA
S/O. LATE S. DODDABASAPPA,
AGE: 33 YEARS, R/O. KURUGODU,
TQ. AND DIST. BELLARI-583101.
3. S. G. MALLIKARJUN S/O. THIPPPANAGOUDA,
-3-
NC: 2024:KHC-D:16123
RSA No. 5738 of 2011
MAJOR, OCC. AGRICULTURE,
WORKING AT DONIMALAI,
TQ. SANDUR, DIST. BELLARI-583101.
4. SMT. S. LATA @ SHARADAMMA
W/O. CHANDRA GOUDA,
AGE: ABOUT 40 YEARS, OCC. HOUSEHOLD WORK,
R/O. #01, SANBAL, HUVINBHAVI,
TQ. MASKI, DIST. RAICHUR-584122.
5. SRI. S. SACHIN
S/O. CHANDRA GOUDA,
AGE: ABOUT 23 YEARS, OCC. STUDENT,
R/O. #01, SANBAL, HUVINBHAVI,
TQ. MASKI, DIST. RAICHUR-584122.
... RESPONDENTS
(BY SRI. SURESH P HUDEDAGADDI, ADVOCATE FOR R1(A AND
B), R2(A TO C) AND R3;
SRI. S.S.PATIL AND SRI. P.R.PATIL, ADVOCATE FOR
IMPLEADING R4 AND R5;
R3 STANDS ABATED (DATED 23.02.2024)
THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD:30.06.2011 PASSED IN
R.A.NO.165/2008 ON THE FILE OF THE II ADDITIONAL
DISTRICT JUDGE AT BELLARY, DISMISSING THE APPEAL,
FILED AGAINST THE JUDGMENT DTD:03.11.2008 AND THE
DECREE PASSED IN O.S.NO.398/2000 ON THE FILE OF THE
PRL. CIVIL JUDGE (SR.DN.), BELLARY, PARTLY DECREEING THE
SUIT FILED FOR PARTITION AND POSSESSION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-D:16123
RSA No. 5738 of 2011
ORAL ORDER
(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)
Learned counsel for the appellants submits that the
parties have amicably settled the dispute between them
by filing a joint compromise petition in F.D.P. No.13/2013
vide order dated 13.07.2024 and a memo is filed seeking
withdrawal of the appeal.
Memo is taken on record.
Memo reads as under:
"It is respectfully submitted before this Hon'ble
Court that as per the instructions of the appellant, the
dispute between the appellant and respondents herein is
settled in F.D.P. No. 13/2013 as per the compromise
petition filed by both the parties and ordered to draw
final decree in terms of joint compromise petition vide
order dated 13/07/2024. To show the order sheet
obtained by the e-Courts website is produced along with
this memo. Hence, it is respectfully prayed before this
Hon'ble Court to permit the appellant to withdraw the
above appeal as settled, in the interest of justice."
NC: 2024:KHC-D:16123
In view of the memo filed, the appeal is dismissed
as withdrawn.
Sd/-
(JUSTICE K.S.HEMALEKHA)
RH
