Smt.Shivabasawwa W/O Bhimaraddi ... vs Giriraddeppa S/O Ningareddappa Malli
2024 Latest Caselaw 26499 Kant

Karnataka High Court

Smt.Shivabasawwa W/O Bhimaraddi ... vs Giriraddeppa S/O Ningareddappa Malli on 6 November, 2024

                                                  -1-
                                                           NC: 2024:KHC-D:16209
                                                        RSA No. 100349 of 2018




                                 IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                             DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                               BEFORE

                              THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                                   RSA NO. 100349 OF 2018 (PAR)

                        BETWEEN:

                        SMT. SHIVABASAWWA W/O. BHIMARADDI SOMAPUR,
                        AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
                        R/O: GADAG, TQ: HIREKERU,
                        TQ AND DIST: GADAG-582101.
                                                                ...APPELLANT
                        (BY SRI. AVINASH BANAKAR, ADVOCATE)

                        AND:

                        1.   GIRIRADDEPPA S/O. NINGAREDDAPPA MALLI
                             AGE: 76 YEARS,
           Digitally


VISHAL
           signed by
           VISHAL
           NINGAPPA
                             OCC: RETIRED RAILWAY EMPLOYEE,
NINGAPPA
PATTIHAL
           PATTIHAL
           Date:
           2024.11.08
                             R/O: GAVISHI NAGAR, 1ST CROSS,
           10:53:07
           +0530
                             VENKATESHWAR NILAYA,
                             KOPPAL, TQ: KOPPAL,
                             DIST: KOPPAL-582114.

                        2.   HEMARADDY S/O. NINGAREDDAPPA MALLI
                             @ NINGAREDDY,
                             AGE: 63 YEARS, OCC: BSNL EMPLOYEE,
                             R/O: HOSAPETE, TQ: HOSAPETE,
                             DIST: BALLARI-583201.

                             VENKARADDEPPA S/O. NINGAREDDEPPA MALLI
                             SINCE DEAD BY HIS LRS,
                            -2-
                                     NC: 2024:KHC-D:16209
                                  RSA No. 100349 of 2018




3.   LAXMAVVA W/O. VENKARADDEPPA MALLI,
     AGE: 74 YEARS, OCC: HOUSEHOLD WORK,
     R/O: TIMMAPUR,
     TQ AND DIST: GADAG-582101.

4.   CHANNABASAPPA S/O. VENKARADDEPPA MALLI,
     AGE: 53 YEARS, OCC: AGRICULTURE,
     R/O: TIMMAPUR,
     TQ AND DIST: GADAG-582101.

5.   NINGREDDEPPA S/O. VENKARADDEPPA MALLI,
     AGE: 44 YEARS, OCC: AGRICULTURE,
     R/O: TIMMAPUR,
     TQ AND DIST: GADAG-582101.

6.   GULAVVA W/O. PUNDAPPA BHAVIKATTI,
     AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
     R/O: HALLIGUDI, TQ: MUNDARAGI,
     DIST: GADAG-582101.

7.   RATNAVVA W/O. YELLAPPA SOMAPUR,
     AGE: 39 YEARS, OCC: HOUSEHOLD WORK,
     R/O: MULAGUND,
     TQ AND DIST: GADAG-582101.
                                       ...RESPONDENTS

      THIS RSA IS FILED U/SEC.100 OF CPC., 1908, AGAINST
THE JUDGMENT AND DECREE DATED 16.12.2017 PASSED IN
R.A.NO.49/2014 ON THE FILE OF THE ADDITIONAL DISTRICT
AND SESSIONS JUDGE, GADAG, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 31.07.2014
PASSED IN O.S.NO.55/2012 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, GADAG, DECREEING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION.


      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                      -3-
                                                    NC: 2024:KHC-D:16209
                                               RSA No. 100349 of 2018




                     ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)

Learned counsel appearing for the appellant files a memo

seeking permission of this Court to withdraw the appeal.

2. The memo reads as under:

"The Advocate for appellants begs to submit as under:

It is submitted that the parties to the lis have amicably settled the dispute, hence, the above appeal does not survive for consideration. Under these circumstances, the above appeal may kindly be dismissed as withdrawn, in the interest of justice and equity."

3. In view of the memo filed by the learned counsel

appearing for the appellant, the appeal is dismissed as

withdrawn.

In view of the dismissal of the appeal as withdrawn,

pending applications, if any, do not survive for consideration

and the same are accordingly disposed off.

Sd/-

_____________________ (JUSTICE K.S.HEMALEKHA) VNP / CT: PA