Smt Mallawwa vs Smt Lalitavva
2024 Latest Caselaw 27853 Kant

Karnataka High Court

Smt Mallawwa vs Smt Lalitavva on 20 November, 2024

                                                  -1-
                                                             NC: 2024:KHC-D:16900
                                                            RSA No. 2513 of 2007
                                                        C/W RSA No. 2871 of 2007




                                  IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH

                             DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                               BEFORE

                              THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                              REGULAR SECOND APPEAL NO. 2513 OF 2007

                                                 C/W

                              REGULAR SECOND APPEAL NO. 2871 OF 2007

                        IN RSA NO.2513/2007:

                        BETWEEN:

                        1.    SMT. MALLAWWA
                              W/O. NAGANAGOUDA HUGGI,
                              AGE: 56 YEARS, R/O. CHIKKABASUR,
                              TQ. BYADGI, DIST. HAVERI-581106.

           Digitally
                        2.    SMT. KAMALAVVA
           signed by
VISHAL
NINGAPPA
           VISHAL
           NINGAPPA
           PATTIHAL
                              W/O. MALLESHAPPA MATTIHALLI,
PATTIHAL   Date:
           2024.11.22
           10:40:03
                              AGE: 50 YEARS, R/O. CHIKKABASUR,
           +0530

                              TQ. BYADGI, DIST. HAVERI-581106.
                                                                  ... APPELLANTS
                        (BY SRI. F V PATIL, ADVOCATE)

                        AND:

                        1.    SMT. LALITAVVA
                              W/O. KALLAPPA ANGARAGATTI,
                              (HER REAL NAME SMT. LATITHAWWA
                              W/O. NAGANAGOUDA HUGGI),
                              AGE: 50 YEARS, OCC. AGRICULTURE,
                              R/O. GHALAPUJI, BYADGI TQ,
                             -2-
                                       NC: 2024:KHC-D:16900
                                      RSA No. 2513 of 2007
                                  C/W RSA No. 2871 of 2007




     DIST. HAVERI-581106.

2.   PRABHU
     S/O. SOMALINGAPPA BANAKAR,
     AGE: 28 YEARS,
     R/O. HIREHALLI, TQ. BYADGI,
     DIST. HAVERI-581106.

                                         ... RESPONDENTS

(BY SRI. P A KULKARNI, ADVOCATE FOR R1;
SRI. AVINASH BANAKAR, ADVOCATE FOR R1)

     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED 30.08.2007 PASSED IN
R.A.NO.21/02 ON THE FILE OF THE ADDL. CIVIL JUDGE,
(SR.DN), RANEBENNUR, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DTD
24.01.2002 PASSED IN OS.82/90 ON THE FILE OF THE
CIVIL JUDGE (JR.DN) and JMFC, BYADAGI.

IN RSA NO.2871/2007:

BETWEEN:

PRABHU S/O. SOMALINGAPPA BANAKAR,
AGE: 28 YEARS, R/O. HIREHALLI,
TQ. BYADGI, DIST. HAVERI-581107.

                                             ... APPELLANT
(BY SMT. PALLAVI F PATIL, ADVOCATE)

AND:

1.   SMT. LALITAVVA
     W/O. KALLAPPA ANGARAGATTI,
     (HER REAL NAME SMT. LATITHAWWA
     W/O. NAGANAGOUDA HUGGI),
     AGE: 50 YEARS, OCC. AGRICULTURE,
                           -3-
                                     NC: 2024:KHC-D:16900
                                    RSA No. 2513 of 2007
                                C/W RSA No. 2871 of 2007




     R/O. GHALAPUJI, BYADGI TQ,
     DIST. HAVERI-581106.

2.   SMT. MALLAWWA
     W/O. NAGANAGOUDA HUGGI,
     AGE: MAJOR, R/O. CHIKKABASUR,
     TQ. BYADGI, DIST. HAVERI-581106.

3.   SMT. KAMALAVVA
     W/O. MALLESHAPPA MATTIHALLI,
     AGE: MAJOR, R/O. CHIKKABASUR,
     TQ. BYADGI, DIST. HAVERI-58 1106.
                                         ... RESPONDENTS

(BY SRI. P A KULKARNI, ADVOCATE FOR R1;
R2 AND R3 ARE NOTICE SERVED)

      THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGEMENT AND DECREE DATED 30.08.2007 PASSED IN
RA.NO.21/2002 ON THE FILE OF THE ADDL.CIVIL JUDGE
(SR.DN.) RANEBENNUR, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DATED
24.01.2002 PASSED IN OS.NO.82/90 ON THE FILE OF THE
CIVIL JUDGE (JR.DN.) AND JMFC, BYADGI.


      THESE APPEALS, COMING ON FOR FINAL ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:


CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                               -4-
                                          NC: 2024:KHC-D:16900
                                        RSA No. 2513 of 2007
                                    C/W RSA No. 2871 of 2007




                        ORAL JUDGMENT

Memos are filed for withdrawal by the learned counsel for

the appellants which reads as under;

"It is respectfully submitted before this Hon'ble Court that as per the instructions of the appellants, the dispute between the themselves and respondents herein is settled in R.A.No.116/2008 as per the compromise petition filed by both the parties vide order dated 18/06/2013. To show the compromise decree and compromise petition are produced herewith along with this memo. Hence, it is respectfully prayed before this Hon'ble Court to permit the appellants to withdraw the above appeal as settled, in the interest of justice."

Memos are taken on record.

In light of the memos filed, both the appeals are

dismissed as withdrawn.

Sd/-

(JUSTICE K.S.HEMALEKHA)

PJ Ct:PA