Karnataka High Court
Bhimbai And Ors vs Mallamma @ Malamma And Ors on 11 August, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-K:4541
RSA No. 200137 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
REGULAR SECOND APPEAL NO. 200137 OF 2025 (PAR/POS)
BETWEEN:
1. SMT. BHIMBAI
W/O MALLAYYA @ MALLAPPA GONI,
AGED ABOUT: 34 YEARS,
OCC : AGRI. HOUSEHOLD,
2. SRI BHIMASHANKAR
S/O MALLAYYA @ MALLAPPA GONI,
AGED ABOUT: 19 YEARS,
OCC :AGRICULTURE,
3. MISS. MAHALAXMI
D/O MALLAYYA @ MALLAPPA GONI,
AGED ABOUT 18 YEARS,
Digitally signed OCC : STUDENT,
by RENUKA
Location: HIGH
COURT OF 4. MISS SRUTI
KARNATAKA D/O MALLAYYA @ MALLAPPA GONI,
AGED ABOUT: 15 YEARS,
OCC : STUDENT,
5. MISS. SAVITHA
D/O MALLAYYA @ MALLAPPA GONI,
AGED ABOUT: 10 YEARS,
OCC : STUDENT,
APPELLANT NO.4 AND 5 ARE MINORS
REPRESENTED BY THEIR NATURAL
MOTHER APPELLANT NO.1
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RSA No. 200137 of 2025
HC-KAR
6. SRI MANOJ
S/O MALLAYYA @ MALLAPPA GONI,
AGED ABOUT: 19 YEARS,
OCC :STUDENT,
ALL ARE R/O: BOMMANAHALLI VILLAGE
(POST ANWAR), TQ; SHAHAPUR,
DIST: YADGIR - 585 223.
...APPELLANTS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1. SMT. MALLAMMA @ MALAMMA
W/O LATE HANMANTHA GONI,
AGED ABOUT: 67 YEARS,
OCC : HOUSEHOLD,
2. SMT. HOLEMMA
W/O NINGAPPA NATEKAR,
(D/O HANMANTH GONI),
AGED ABOUT: 37 YEARS,
OCC : COOLIE,
BOTH ARE R/O: BOMMANAHALLI
(POST ANWAR), TQ: SHAHAPUR,
DIST: YADGIR - 585 223.
3. SMT. GANGAMMA
W/O KANDAPPA,
(D/O HANMANTH GONI),
AGED ABOUT: 32 YEARS,
OCC :COOLIE,
R/O: KOTGARWADA NEAR KOLIWADA OF YADGIRI,
TQ : AND DIST: YADGIRI - 585 201.
...RESPONDENTS
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RSA No. 200137 of 2025
HC-KAR
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CIVIL PROCEDURE CODE, PAYING TO CALL
FOR THE RECORDS IN O.S.NO.127 OF 2019, ON THE FILE OF
THE SENIOR CIVIL JUDGE AND J.MF.C., SHAHAPUR AND
R.A.NO.32 OF 2022, ON THE FILE OF DISTRICT JUDGE YADGIR
AND SET ASIDE THE JUDGMENT AND DECREE IN R.A.NO.32 OF
2022, ON THE FILE OF DISTRICT JUDGE YADGIR DATED
14.10.2024 CONFIRMING THE JUDGMENT AND DECREE
PASSED IN O.S.NO.127 OF 2019, ON THE FILE OF THE SENIOR
CIVIL JUDGE AND J.M.F.C., SHAHAPUR DATED 25.10.2022,
CONSEQUENTLY DISMISS THE SUIT OF THE PLAINTIFFS AND
GRANT COSTS OF THIS APPEAL AND GRANT SUCH OTHER OR
FURTHER RELIEF/S AS THIS HON'BLE MAY DEED FIT IN THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS REGULAR SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
Learned counsel for appellants has filed a memo seeking
withdrawal of the appeal.
2. The memo reads thus-
"The undersigned counsel appearing for appellants in
above appeal most humbly and respectfully submit
as under:
That, the appellants who were defendants before the
Trial Court having suffered by the judgment and
NC: 2025:KHC-K:4541
HC-KAR
decree in O.S.No.127/2019, dated 25.10.2022
passed by Senior Civil Judge & JMFC, Shahapur,
which later confirmed by the 1st appellate Court in
Regular Appeal No.32/2022, preferred above second
appeal.
That, during pendency of above appeal parties to this
appeal on intervention of elders & well wishers have
arrived at amicable settlement, accordingly filed
compromise petition in pending FDP No.05/2023
which was pending on the file of Senior Civil Judge &
JMFC, Shahapur. In view of settlement/compromise
entered as aforesaid, appellants do not press the
above second appeal and hence appellants may be
permitted to withdraw the above appeal, in the ends
of justice and equity."
3. In view of the memo, the appeal is dismissed as
withdrawn.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SDU
CT:VK
