Giriyappa S/O Basanagouda Giraddi vs Basavaraj S/O Mallappa Bhoopalapur
2024 Latest Caselaw 28010 Kant

Karnataka High Court

Giriyappa S/O Basanagouda Giraddi vs Basavaraj S/O Mallappa Bhoopalapur on 22 November, 2024

                                                -1-
                                                            NC: 2024:KHC-D:17043
                                                          RSA No. 100168 of 2018




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                           DATED THIS THE 22ND DAY OF NOVEMBER, 2024

                                              BEFORE

                            THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                                RSA NO. 100168 OF 2018 (DEC/INJ)

                      BETWEEN:

                            GIRIYAPPA
                            S/O. BASANAGOUDA GIRADDI,
                            SINCE DECEASED BY HIS LRS.,

                      1.    SUREKHA
                            W/O. GIRIYAPPA GIRADDI,
                            AGE: 58 YEARS, OCC. HOUSEHOLD WORK,
                            R/O. SHIVANAND NAGAR,
                            DHARWAD-580001.

                      2.    SHARAN
                            S/O. GIRIYAPPA GIRADDI,
         Digitally


VISHAL
         signed by
         VISHAL
         NINGAPPA
                            AGE: 30 YEARS, OCC. BUSINESS,
NINGAPPA PATTIHAL
PATTIHAL Date:
         2024.11.23
                            R/O. SHIVANAND NAGAR,
         10:27:57
         +0530              DHARWAD-580001.

                                                                  ... APPELLANTS

                      (BY SRI. JAGADISH PATIL, ADVOCATE)

                      AND:

                      1.    BASAVARAJ
                            S/O. MALLAPPA BHOOPALAPUR,
                            AGE: 84 YEARS, OCC. RETD. SERVANT,
                            R/O. PURNIMA BUILDING,
                             -2-
                                    NC: 2024:KHC-D:17043
                                  RSA No. 100168 of 2018




     NO.12 SHIVANAND NAGAR,
     DHARWAD-580001.

2.   PRABHURAJ
     S/O. BASAVARAJ BHOOPALAPUR,
     AGE: 56 YEARS, OCC. SERVICE,
     R/O. PURNIMA BUILDING,
     NO.12 SHIVANAND NAGAR,
     DHARWAD-580001.

                                        ... RESPONDENTS

(BY SRI. CHETAN T. LIMBIKAI, ADVOCATE FOR
SRI. PRAKASH S. UDIKERI, ADVOCATE FOR R1 AND R2)

      THIS RSA IS FILED U/SEC.100 OF CPC, 1908,
AGAINST THE JUDGEMENT & DECREE DTD:24.10.2017
PASSED IN R.A.NO.180/2017 ON THE FILE OF THE
PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD,
ALLOWING    THE    APPEAL   AND   SETTING   ASIDE   THE
JUDGMENT AND DECREE DTD:08.04.2014, PASSED IN
O.S. NO.317/2007 ON THE FILE OF THE III ADDITIONAL
CIVIL   JUDGE     (JUNIOR   DIVISION)   AND    JUDICIAL
MAGISTRATE FIRST CLASS, DHARWAD, DISMISSING THE
SUIT FILED FOR DECLARATION AND INJUNCTION.


      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:17043
                                         RSA No. 100168 of 2018




                      ORAL JUDGMENT

Both the learned counsels submit that the parties

have amicably settled the dispute before the Lok-Adalat

which was scheduled on 13.07.2019 in EP No.36/2018

dated 13.07.2019 pending on the file of III Additional Civil

Judge and JMFC, Dharwad. The operative portion of the

order in EP No.36/2018 is furnished by the respondents

counsel which reads as under;

"Counsel for D.Hr. filed a memo stating that, petition is satisfied in full and the same may be closed.

In view of the memo filed by the D.Hr. the petition is closed before Lok Adalath as entered into full satisfaction."

Recording the submission of both the learned

counsels that Execution Petition is closed as fully satisfied,

the present appeal stands disposed of as does not

survive for consideration.

Pending IAs, if any, do not survive for consideration.

Sd/-

(JUSTICE K.S.HEMALEKHA)

PJ / CT:PA