Maruti S/O Shankrappa Desai vs Shankrawwa W/O Appaji Naik @ Desai
2024 Latest Caselaw 25385 Kant

Karnataka High Court

Maruti S/O Shankrappa Desai vs Shankrawwa W/O Appaji Naik @ Desai on 24 October, 2024

                                                       -1-
                                                                   NC: 2024:KHC-D:15507
                                                               RSA No. 100957 of 2018




                                  IN THE HIGH COURT OF KARNATAKA,
                                             DHARWAD BENCH

                            DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                                   BEFORE
                              THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                  RSA NO. 100957 OF 2018 (DEC/INJ)
                       BETWEEN:

                       MARUTI S/O. SHANKRAPPA DESAI,
                       AGE: 70 YEARS, OCC: AGRICULTURE,
                       R/O. KALAS, TQ. BADAMI,
                       DIST. BAGALKOTE-587101.
                                                                                ...APPELLANT
                       (BY SRI. MAQBOOL PATIL, ADVOCATE FOR SRI. K.L.PATIL)

                       AND:

                       1.   SHANKRAWWA W/O. APPAJI NAIK @ DESAI,
                            AGE: 46 YEARS, OCC: AGRICULTURE
                            AND HOUSEHOLD WORK, R/O. KALAS,
                            TQ. BADAMI, DIST. BAGALKOTE-587101.

                       2.   LAXMIBAI D/O. SURESHAPPA DESAI,
                            AGE: 26 YEARS, OCC. HOUSEHOLD WORK,
Digitally signed by
VISHAL NINGAPPA             R/O. KALAS, TQ. BADAMI,
PATTIHAL
Location: HIGH COURT
OF KARNATAKA
                            DIST. BAGALKOTE-587101.
DHARWAD BENCH



                       3.   RAMESH S/O. SURESHAPPA DESAI,
                            AGE: 24 YEARS, OCC: AGRICULTURE,
                            R/O. KALAS, TQ. BADAMI,
                            DIST. BAGALKOTE-587101.
                                                                              ...RESPONDENTS
                       (BY SRI. S.C.HIREMATH, ADVOCATE FOR R1 TO R3)

                             THIS RSA IS FILED U/S.100 OF CPC., PRAYING TO ALLOW THIS
                       APPEAL AND TO SET ASIDE THE JUDGMENT AND DECREE DATED
                       23.10.2018 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND J.M.F.C.,
                       BADAMI IN R.A.NO.23/2014. CONSEQUENTLY, CONFIRM THE JUDGMENT
                       AND DECREE DATED 19.09.2014 PASSED BY PRL. CIVIL JUDGE, BADAMI, IN
                       OS.NO.63/2008, IN THE INTEREST OF JUSTICE AND EQUITY.

                            THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT
                       MADE THE FOLLOWING:
                                     -2-
                                                 NC: 2024:KHC-D:15507
                                              RSA No. 100957 of 2018




CORAM:    THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                        ORAL JUDGMENT

Learned counsel appearing for the appellant has filed

a memo seeking permission of this Court to withdraw the

appeal.

2. The memo reads as under:

"In this above named appellant herein submits as under:

1. That, the appellant has filed the present appeal being aggrieved by the judgment and decree dated 23.10.2018 in R.A. No.23/2014 passed by the learned Senior civil Judge & JMFC, Badami, thereby setting aside the judgment and decree dated 19.09.2014 passed by the learned Prl. Civil Judge, Badami in O.S. No.63/2008.

2. It is submitted that during the pendency of the present appeal there is settlement arrived between the parties as per the advise of the elders. In view of the settlement arrived between the parties, the appellant is not interested to prosecute the appeal further.

NC: 2024:KHC-D:15507

Therefore, the Hon'ble Court may be pleased to dismiss the appeal as withdrawn in the ends of justice."

In view of the memo, the appeal stands dismissed

as withdrawn.

Sd/-

______________________ (JUSTICE K.S.HEMALEKHA)

VNP /CT: VP