Vasudev Monappa Badiger vs Yellavva W/O Vithal Murigeppagol
2024 Latest Caselaw 26505 Kant

Karnataka High Court

Vasudev Monappa Badiger vs Yellavva W/O Vithal Murigeppagol on 6 November, 2024

                                              -1-
                                                        NC: 2024:KHC-D:16238
                                                      RSA No. 100379 of 2014




                               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. 100379 OF 2014 (PAR)

                      BETWEEN:

                      VASUDEV MONAPPA BADIGER,
                      AGED ABOUT 62 YEARS,
                      OCC: BUSINESS, R/O. DHUPADAL,
                      TQ: GOKAK,
                      DIST: BELGAUM, PIN: 591 327.
                                                               ... APPELLANT

                      (BY SRI. BAHUBALI N KANABARGI, ADVOCATE)

         Digitally
         signed by
         VISHAL
                      AND:
VISHAL   NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
         2024.11.08
         10:53:17
         +0530        1.   YELLAVVA W/O. VITHAL MURIGEPPAGOL,
                           AGE: ABOUT 36 YEARS,
                           OCC: HOUSEHOLD WORK,
                           R/O. GOKAK, PIN: 591 329.

                      2.   SHIDRAM NINGAPPA MURIGEPPAGOL,
                           AGED ABOUT 72 YEARS,
                           OCC: PRIVATE SERVICE,

                      3.   YELLAWWA SIDRAM MURIGEPPAGOL,
                           AGED ABOUT 64 YEARS,
                           OCC: HOUSEHOLD WORK,
                             -2-
                                    NC: 2024:KHC-D:16238
                                  RSA No. 100379 of 2014




4.    NINGAPPA SIDRAM MURIGEPPAGOL,
      AGED ABOUT 52 YEARS,
      OCC: PRIVATE SERVICE.

5.    ASHOK SIDRAM MURIGEPPAGOL
      AGED ABOUT 42 YEARS,
      OCC: PRIVATE SERVICE.

      ALL ARE RESIDENT OF CATTLE MARKET,
      GHATAPRABHA, TQ: GOKAK,
      DIST: BELGAUM, PIN-591 328.

6.  MALLIKARJUN SATTEPPA BENAWAD,
    AGE: 62 YEARS, OCC: BUSINESS,
    R/O. MRUTUNJAYA CIRCLE GHATAPRABHA,
    TQ: GOKAK,
    DIST: BELGAUM, PIN-591 328.
                                  ... RESPONDENTS
(R6 NOTICE SERVED)

       THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 07.02.2014 PASSED IN
R.A.NO.05/2012 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE, GOKAK, DISMISSING THE APPEAL AGAINST THE
JUDGMENT AND DECREE DATED 08.06.2005 AND THE
DECREE PASSED IN O.S.NO.278/2002 ON THE FILE OF
THE ADDL. CIVIL JUDGE (JR.DN.) GOKAK, DECREEING
THE    SUIT   FILED   FOR   PARTITION   AND   SEPARATE
POSSESSION.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                               -3-
                                          NC: 2024:KHC-D:16238
                                       RSA No. 100379 of 2014




                      ORAL JUDGMENT

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

Memo is filed by the appellant seeking to withdraw

the appeal as the parties have settled the dispute.

2. The memo is taken on record, which reads as

under:

"For the reasons stated in this memo, Advocate for appellant most humbly prays that the Hon'ble Court may be pleased to Permit the appellant to withdraw the Appeal as Appellants are instructed me to withdraw the Appeal, because they have compromised befor Trial Court. Hence The Hon'ble Court may be pleased to dismiss as withdraw the Appeal in the interest of justiceand equity."

3. The appeal is dismissed as withdrawn.

4. In light of disposal of the appeal, pending IAs' if

any would not survive for consideration.

Sd/-

(JUSTICE K.S.HEMALEKHA)