Karnataka High Court
Chennabasayya S/O Siddayya Hiremath vs Veerayya S/O Panchayya Patrimth on 13 November, 2024
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NC: 2024:KHC-D:16603
RSA No. 101473 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
RSA NO. 101473 OF 2022 (DEC/INJ)
BETWEEN:
CHENNABASAYYA S/O. SIDDAYYA HIREMATH,
AGE: 45 YEARS, OCC. AGRICULTURE,
R/O.. TALUGERI, TQ. KUSTAGI,
DIST. KOPPAL-583277.
... APPELLANT
(BY SRI. C R HIREMATH, ADVOCATE)
AND:
1. VEERAYYA S/O. PANCHAYYA PATRIMTH,
AGE: 66 YEARS, OCC. LIC EMPLOYEE,
R/O. KUSTAGI, NOW AT GANGAVATI,
Digitally
signed by
VISHAL
TQ. GANGAVATI, DIST. KOPPAL-583227.
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
2024.11.15
10:16:09
+0530
2. MAHANTAMMA W/O. GUTTAYYA PATRIMATH
AGE: 36 YEARS, OCC. HOUSEHOLD,
R/O. KUSHTAGI, DIST.KOPPAL-583227.
3. LAXMAMMA W/O. TIPPANNA KAUDI,
AGE: 78 YEARS, OCC. AGRICULTURE,
4. MALLAPPA S/O. TIPPANNA KAUDI,
AGE: 34 YEARS, OCC. AGRICULTURE,
5. DEVAMMA D/O. TIPPANNA KOUDI,
AGE: 59 YEARS, OCC. AGRICULTURE,
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RSA No. 101473 of 2022
6. SHARANAPPA S/O. TIPPANNA KAUDI,
AGE: 44 YEARS, OCC. AGRICULTURE,
7. KANAKAPPA S/O. HANAMAPPA MUDENUR,
AGE: 59 YEARS, OCC. AGRICULTURE,
8. BASANAGOUDA S/O. NAGANAGOUA POLICE PATIL,
AGE: 59 YEARS, OCC. AGRICULTURE,
9. ASHOK S/O. NAGANAGOUDA POLICE PATIL,
AGE:49 YEARS, OCC. AGRICULTURE,
10. SHEKAMMA D/O. NAGANAGOUDA POLICE PATIL,
AGE: 44 YEARS, OCC. AGRICULTURE,
11. BASAMMA W/O. NAGANAGOUDA POLICE PATIL,
AGE: 42 YEARS, OCC. AGRICULTURE,
12. SHYAMIDASAB S/O. RAJESAB,
AGE: 54 YEARS, OCC. AGRICULTURE,
13. DEVARAJ S/O. RAMAPPA GANGANAL,
AGE: 49 YEARS, OCC. AGRICULTURE,
ALL RESPONDENTS NO. 3 TO 13 ARE
R/O. HIRAMANNAPUR, TQ. KUSHTAGI,
DIST. KOPPAL-583227.
14. SHARANAPPA S/O. BHIMAPPA LINGADAHALLI,
AGE: 62 YEARS, OCC. AGRICULTURE,
R/O. HANCHINAL,
NOW AT TAVARAGERA, TQ. KUSHTAGI,
DIST. KOPPAL-583227.
15. GIRIYAPPA S/O. TIMMAYYA SHETTI,
AGE: 62 YEARS, OCC. AGRICULTURE,
R/O. HANCHINAL, TQ. KUSHTAGI,
DIST. KOPPAL-583236.
16. BASAVARAJ S/O. SHIVASHARANAPPAGOUDA,
AGE: 51 YEARS, OCC. AGRICULTURE,
R/O. HANCHINAL, TQ. KUSHTAGI,
DIST. KOPPAL-583236.
17. SANGAMESH S/O. SHIVASANGAYYA HIREMATH,
AGE: MAJOR, OCC. AGRICULTURE,
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RSA No. 101473 of 2022
R/O. K.BENCHAMATTI, TQ. KUSHTAGI,
DIST. KOPPAL-583277.
18. GURAPPA S/O. MAHANTAPPA SUNKAD,
AGE: 69 YEARS, OCC. AGRICULTURE,
R/O. TALUGERI, TQ. KUSHTAGI,
DIST. KOPPAL-583277.
19. KALAKAPPA S/O. BASAPPA PATTANSHETTI,
AGE: MAJOR, OCC. AGRICULTURE,
R/O. TALUGERI, TQ. KUSHTAGI
DIST. KOPPAL-583277.
20. ADAVIRAO S/O. SRINIVAS RAO KULKARNI,
AGE: 44 YEARS, OCC. AGRICULTURE,
TQ. KUSHTAGI, DIST. KOPPAL-583277.
...RESPONDENTS
(BY SRI. SHRIHARSH A NEELOPANT, ADVOCATE FOR R1, R2;
R3 TO R6, R8 TO R10, R12, R13, R19, R20 ARE NOTICE SERVED;
R7, R11, R14, R16 AND R18 ARE DECEASED;
NOTICE TO R7, R11, R14 TO R18 ARE DISPENSED WITH)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING
THAT THE COMPRISE DECREE DATED 08.12.2018 PASSED IN RA
NO. 50/2015 BY THE COURT OF SENIOR CIVIL JUDGE AT KUSTAGI
BY REVERSING THE JUDGMENT AND DECREE DATED 01.03.2013
PASSED BY THE COURT OF CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, KUKSTAGI, AT KUSTAGI IN OS NO.
134/2002, MAY KINDLY BE SET ASIDE BY ALLOWING THIS APPEAL
WITH COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THERIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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RSA No. 101473 of 2022
ORAL JUDGMENT
Learned counsel appearing for the appellant has filed a
memo seeking permission of this Court to withdraw the appeal
stating that the parties have settled the matter amicably.
2. The memo reads as under:
"That in the terms of settlement between the
appellant, first and second respondent the appellant
herewith seeking withdrawal appeal as not press,
hence, his appeal may be dismissed as withdrawn in
the ends of justice and equity."
3. In light of the submission made by the learned
counsel appearing for the appellant and the memo, 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 are accordingly disposed off.
Sd/-
_____________________
(JUSTICE K.S.HEMALEKHA)
VNP
