Karnataka High Court
Venkaraddeppa S/O Ningareddeppa Malli vs Smt.Shivabasawwa W/O Bhimaraddi ... on 6 November, 2024
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NC: 2024:KHC-D:16208
RSA No. 100348 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. 100348 OF 2018 (PAR/POS)
BETWEEN:
VENKARADDEPPA
S/O. NINGAREDDEPPA MALLI
SINCE DEAD BY HIS LRS,
1. LAXMAVVA
W/O. VENKARADDEPPA MALLI,
AGE: 74 YEARS, OCC: HOUSEHOLD WORK,
R/O: TIMMAPUR, TQ AND DIST: GADAG-582101.
2. CHANNABASAPPA
Digitally
signed by
VISHAL
S/O. VENKARADDEPPA MALLI,
VISHAL
NINGAPPA
PATTIHAL
NINGAPPA
PATTIHAL
Date:
2024.11.08
AGE: 53 YEARS,
10:52:57
+0530 OCC: AGRICULTURE,
R/O: TIMMAPUR,
TQ AND DIST: GADAG-582101.
3. NINGREDDEPPA
S/O. VENKARADDEPPA MALLI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: TIMMAPUR, TQ AND DIST: GADAG-582101.
4. GULAVVA
W/O. PUNDAPPA BHAVIKATTI,
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O: HALLIGUNDI, TQ: MUNDARAGI,
DIST: GADAG-582101.
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NC: 2024:KHC-D:16208
RSA No. 100348 of 2018
5. RATNAVVA W/O. YELLAPPA SOMAPUR,
AGE: 39 YEARS,
OCC: HOUSEHOLD WORK, R/O: MULAGUND,
TQ AND DIST: GADAG-582101.
... APPELLANTS
(BY SRI. AVINASH BANAKAR, ADVOCATE)
AND:
1. SMT. SHIVABASAWWA
W/O. BHIMARADDI SOMAPUR,
AGE: 56 YEARS,
OCC: HOUSEHOLD WORK,
R/O: GADAG, TQ: HIREKERUR,
TQ AND DIST: GADAG-582101.
2. GIRIRADDEPPA S/O. NINGAREDDAPPA MALLI
AGE: 76 YEARS,
OCC: RETIRED RAILWAY EMPLOYEE,
R/O: GAVISHI NAGAR, 1ST CROSS,
VENKATESHWAR NILAYA,
KOPPAL, TQ: KOPPAL,
DIST: KOPPAL-582114.
3. HEMARADDY S/O. NINGAREDDAPPA MALLI
@ NINGAREDDY,
AGE: 63 YEARS, OCC: BSNL EMPLOYEE,
R/O: HOSAPETE, TQ: HOSAPETE,
DIST: BALLARI-583201.
... 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.NO55/2012 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:
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NC: 2024:KHC-D:16208
RSA No. 100348 of 2018
ORAL JUDGMENT
(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)
Learned counsel appearing for the appellants 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 appellants, 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
LIST NO.: 2 SL NO.: 12.1
