Sri.Sharanappa S/O. Shivappa Angadi vs Sri. Shekharagouda S/O. Ninganagouda ...
2024 Latest Caselaw 22402 Kant

Karnataka High Court

Sri.Sharanappa S/O. Shivappa Angadi vs Sri. Shekharagouda S/O. Ninganagouda ... on 3 September, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                            -1-
                                                      NC: 2024:KHC-D:12651
                                                    RSA No. 100082 of 2020




                          IN THE HIGH COURT OF KARNATAKA,
                                   DHARWAD BENCH
                     DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
                                           BEFORE
                  THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                   REGULAR SECOND APPEAL NO.100082 OF 2020 (SP)
             BETWEEN:
             1. SRI. SHARANAPPA
                S/O SHIVAPPA ANGADI,
                AGE: 51 YEARS, O
                CC: AGRICULTURE,
                R/O: CHIKKENKOPPA,
                TQ: YELBURGA,
                DIST: KOPPAL - 583236.

             2.   SRI. GAVISIDDAPPA
                  S/O SHIVAPPA ANGADI,
                  AGE: 39 YEARS,
                  OCC: AGRICULTURE,
                  R/O: CHIKKENKOPPA,
                  TQ: YELBURGA,
                  DIST: KOPPAL - 583236.
Digitally    3.   SRI. ANDAPPA
signed by
BHARATHI H        S/O SHIVAPPA ANGADI,
M                 AGE: 43 YEARS,
Location:         OCC: AGRICULTURE,
HIGH COURT
OF                R/O: CHIKKENKOPPA,
KARNATAKA         TQ: YELBURGA,
DHARWAD           DIST: KOPPAL - 583236
BENCH
DHARWAD                                                       ...APPELLANTS
             (BY SRI D.V.PATTAR, ADVOCATE FOR
             SRI ANAND.R.KOLLI, ADVOCATE)

             AND:
             1. SRI SHEKHARAGOUDA
                S/O NINGANAGOUDA
                JAKKANAGOUDRA
                AGE: 81 YEARS, OCC: COOLIE,
                                    -2-
                                               NC: 2024:KHC-D:12651
                                           RSA No. 100082 of 2020




      R/O: KURADAGI, TQ: RON,
      DIST: GADAG- 582209

2.    SRI MALLIKARJUNA
      S/O LINGAPPA GUDAGERI,
      AGE: 51 YEARS,
      OCC: AGRICULTURE,
      R/O GINAGERI, TQ: KOPPAL,
      DIST: KOPPAL-583231.

                                                       ...RESPONDENTS
(BY SRI H.N.GULARADDI, ADVOCATE FOR R1)

     THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THIS
REGULAR SECOND APPEAL AND SET ASIDE JUDGMENT AND DECREE
IN RESPECT OF ORDERED THAT THE DEFENDANT NO.1 TO 3 SHALL
JOINTLY PAY THE PLAINTIFF A SUM OF RS.4,90,000/- TOGETHER
WITH INTEREST AT THE RATE OF 9% PER ANNUM FROM THE DATE
OF THE SUIT TILL THE REALIZATION OF THE ENTIRE DECTRIAL
AMOUNT PASSED IN R.A.NO.23/2015 DATED 25.10.2018 PASSED BY
THE DISTRICT JUDGE AT KOPPAL THEREBY CONFIRMING THE
JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE AND
JMFC AT YELBURGA IN O.S.NO.91/2007 DATED 05.08.2015.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            ORAL ORDER

Learned counsel for the appellants has filed memo for seeking withdrawal of the appeal.

Memo is placed on record.

Consequently, the appeal is dismissed as withdrawn.

The Registry is directed to refund the entire Court fee to the appellants.

Sd/-

(HANCHATE SANJEEVKUMAR) JUDGE SRA, CT:GSM