Mallappa S/O Ningappa Ambali vs Susheelavva D/O Ningappa Ambali
2024 Latest Caselaw 27866 Kant

Karnataka High Court

Mallappa S/O Ningappa Ambali vs Susheelavva D/O Ningappa Ambali on 20 November, 2024

                                                    -1-
                                                              NC: 2024:KHC-D:16899
                                                             RSA No. 5805 of 2012




                                  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. 5805 OF 2012 (PAR)

                        BETWEEN:

                        MALLAPPA S/O. NINGAPPA AMBALI,
                        AGE ABOUT 56 YEARS,
                        RESIDING AT RATTIHALLI, HIREKERUR-581111.
                                                                       ... APPELLANT
                        (BY SRI. K. RAGHAVENDRA RAO AND
                        SMT. V.VIDYA, ADVOCATES)

                        AND:

                        1.    SMT. SUSHEELAVVA D/O. NINGAPPA AMBALI,
                              AGED ABOUT 46 YEARS,
           Digitally
           signed by
           VISHAL
                              R/O. RATTIHALLI, HIREKERUR-581111.
VISHAL     NINGAPPA
NINGAPPA   PATTIHAL
PATTIHAL   Date:
           2024.11.22
           10:40:51
           +0530
                              IRAPPA S/O. NINGAPPA AMBALI,
                              SINCE DECEASED BY HIS LRS.,

                        2.    JATTEPPA S/O. IRAPPA AMBALI,
                              AGED ABOUT 41 YEARS,
                              R/O. RATTIHALLI, HIREKERUR-581111.

                        3.    SMT. UJAVVA W/O. NAGAPPA BANAKAR,
                              AGED ABOUT 36 YEARS,
                              R/O. RATTIHALLI, HIREKERUR-581111.

                        4.    SHIVAPPA S/O. IRAPPA AMBALI,
                              AGED ABOUT 36 YEARS,
                            -2-
                                     NC: 2024:KHC-D:16899
                                    RSA No. 5805 of 2012




     R/O. RATTIHALLI, HIREKERUR-581111.

5.   SHEKAPPA S/O. NINGAPPA AMBALI,
     AGED ABOUT 54 YEARS,
     R/O. RATTIHALLI, HIREKERUR-581111.

6.   SMT. MAHADEVAKKA
     W/O. MALLESHAPPA MAKARI,
     AGED ABOUT 53 YEARS,
     R/O. HOSAHALLI, HIREKERUR-581111.

7.   SMT. GIRIJAVVA
     W/O. MAHADEVAPPA KADEMANI,
     AGED ABOUT 51 YEARS,
     R/O. MATTIKOTI, HIREKERUR-581111.

8.   SMT. NEELAVVA
     W/O. MAHADEVAPPA KUPPELUR,
     AGED ABOUT 49 YEARS,
     R/O. ALADAKATTI, RANEBENNUR-581115.

                                          ... RESPONDENTS

(BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE FOR R1, R2,
R4 AND R5;
R3 IS DISMISSED; R6, R7 AND R8 ARE NOTICE SERVED)

     THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 26.06.2012 PASSED IN
R.A.NO.79/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., HIREKERUR, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT DATED 05.04.2008 AND THE DECREE
PASSED IN O.S.NO.71/2003 ON THE FILE OF THE CIVIL JUDGE
(JR.DN.) AND JMFC., HIREKERUR, DECREEING THE SUIT FILED
FOR PARTITION AND POSSESSION.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                   -3-
                                               NC: 2024:KHC-D:16899
                                              RSA No. 5805 of 2012




                        ORAL JUDGMENT

Learned counsel for the appellants submits that the

parties have amicably resolved the dispute and filed the

compromise petition in EP No.20/2015.

The order in EP No.20/2015 is produced by the

learned counsel for appellants reads as under;

"The contents of the compromise petition

read over to the both parties and they have

admitted the same. Perused the compromise

petition and same has been accepted.

Accordingly, execution petition is hereby closed

as it is fully satisfied."

In light of the submission and the order in EP

No.20/2015, the appeal stands disposed of as does not

survive for consideration.

Sd/-

(JUSTICE K.S.HEMALEKHA)

PJ / Ct:PA