Smt.Saraswati W/O. Nagappa Garagad vs Sri.Ashok S/O. Shankarappa Kottur
2025 Latest Caselaw 2297 Kant

Karnataka High Court

Smt.Saraswati W/O. Nagappa Garagad vs Sri.Ashok S/O. Shankarappa Kottur on 6 August, 2025

                                                   -1-
                                                               NC: 2025:KHC-D:9820
                                                           RSA No. 100354 of 2020


                       HC-KAR



                                   IN THE HIGH COURT OF KARNATAKA

                                            DHARWAD BENCH

                                DATED THIS THE 06TH DAY OF AUGUST, 2025

                                                 BEFORE

                                THE HON'BLE MR. JUSTICE G BASAVARAJA

                       REGULAR SECOND APPEAL NO. 100354 OF 2020 (DEC/INJ)

                      BETWEEN:

                      1.   SMT. SARASWATI W/O. NAGAPPA GARAGAD
                           AGE : 87 YEARS, OCC : NIL

                      2.   SRI. VEERAPPA S/O. NAGAPPA GARAGAD
                           AGE : 47 YEARS, OCC : PRIVATE BUSINESS,
                           BOTH ARE R/AT : CTS NO.1028/1,
                           YALIGAR ONI, HOSAYALLAPUR,
                           DHARWAD-580004.
                                                                      ...APPELLANTS
                      (BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE.)

                      AND:

                      1.   SRI ASHOK S/O. SHANKARAPPA KOTTUR
                           AGE : 63 YEARS, OCC : SERVICE,
Digitally signed by
MALLIKARJUN                R/AT : H.NO.1027/3,
RUDRAYYA
KALMATH
Location: HIGH
                           YALIGAR ONI, HOSAYALLAPUR,
COURT OF
KARNATAKA                  DHARWAD-580004.
DHARWAD BENCH
Date: 2025.08.11
10:46:01 +0530

                      2.   THE HUBBALLI-DHARWAD MUNICIPAL
                           CORPORATION,
                           NAVANAGAR, HUBBALLI,
                           REPRESENTED BY ITS COMMISSIONER
                                                                     ...RESPONDENTS
                      (BY SRI S.C. BHUTI, ADVOCATE FOR R1;
                      SRI GURUDEV GACHCHINAMATH, ADVOCATE FOR R2.)

                           THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
                      100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE
                      THE JUDGMENT AND DECREE DATED 21.12.2019, PASSED IN
                      R.A.NO.15/2019, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
                      JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, DHARWAD,
                                     -2-
                                                NC: 2025:KHC-D:9820
                                             RSA No. 100354 of 2020


 HC-KAR



DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 21.12.2018, PASSED IN O.S.NO.171/2012, ON THE
FILE OF THE II ADDITIONAL CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS-II, DHARWAD, AND DECREE THE SUIT BY
ALLOWING THE PRESENT APPEAL WITH COST THROUGHOUT IN THE
INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER IS
MADE THEREIN AS UNDER:

                             ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)

Learned counsels appearing for both the sides are

present.

2. The appellants' counsel has filed a memo dated

05.08.2025, seeking leave of this Court to withdraw the

appeal as the parties have settled the matter out of the

Court.

3. The memo is placed on record. In view of the

memo, the appellants are permitted to withdraw this

appeal. Accordingly the appeal stands dismissed as

withdrawn.

Sd/-

(G BASAVARAJA) JUDGE MRK CT-CMU