Karnataka High Court
Sri Uligai Hanumanthappa S.O. Hauligai ... vs Smt Garapati Panduranga Mohan Kumar ... on 17 July, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC-D:8894
RSA No. 100446 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO.100446 OF 2025
BETWEEN:
SRI. ULIGAI HANUMANTHAPPA S/O. HAULIGAI KARIYAPPA,
SINCE DEAD BY LRS.
1. SMT. NEELAMMA W/O. LATE ULIGAI BASAVARAJA,
AGED ABOUT 59 YEARS.
2. SRI. H. KOTESH S/O. LATE ULIGAI BASAVARAJA,
AGED 34 YEARS.
3. SRI. GAVISIDDAPPA S/O. LATE ULIGAI BASAVARAJA,
AGED 32 YEARS.
4. SRI. ULIGAI VENKATESHS/O. LATE ULIGAI HANUMANTHAPPA,
AGED 57 YEARS.
5. SMT. GONIBASAMMA D/O. LATE ULIGAI HANUMANTHAPPA,
AGED 54 YEARS.
Digitally signed by 6. HANUMANTHAPPA S/O. LATE ULIGAI HANUMANTHAPPA,
SAROJA
HANGARAKI AGED 40 YEARS.
Location: High
Court of Karnataka,
Dharwad Bench, 7. ULIGAI CHANNAMMA W/O. LATE HULIGAI NEELAKANTAPPA,
Dharwad
AGED 57 YEARS.
ALL ARE R/O. KESHAVARAYANABANDI VILLAGE,
HAGARIBOMMANAHALLI TALUK.
... APPELLANTS
(BY SRI. B. C. JNANAYYASWAMY, ADVOCATE)
AND:
1. SMT. GARAPATI PANDURANGA MOHAN KUMAR
S/O. LATE G. VENKAIAH, AGED: 80 YEARS,
RESIDENT OF DOOR NO. 59/A/10-9, K.P. NAGAR
PATAMATA VIJAYAWADA, ANDHRA PRADESH.
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NC: 2025:KHC-D:8894
RSA No. 100446 of 2025
HC-KAR
2. SRI. GARAPATI SAMARAKUMAR S/O. LATE G. VENKAIAH,
AGED 59 YEARS, RESIDENT OF DOOR NO. 59/A/10-9
K.P. NAGAR PATAMATA VIJAYAWADA, ANDHRA PRADESH.
3. SRI. GARAPATI VIJAYAKUMAR S/O. LATE G. VENAIAH,
AGED 75 YEARS, RESIDENT OF DOOR NO.59/A/10-9
K.P. NAGAR, PATAMATA VIJAYAWADA, ANDHRA PRADESH.
SRI. D. SURYANARANA RAJU S/O. SATHYANARAYANA RAJU,
DEAD BY HIS LRS.
4. SMT. PADMAJA S/O. LATE SURYANARAYANA RAJU @ SURYABABU,
AGED 50 YEARS, R/O: HAMPASAGARA-1
HAGARIBOMMANAHALLI TALUK.
5. SMT. DEEPIKA W/O. RAMARAJU
S/O. LATE SURYANARAYANA RAJU @ SURYABABUM
AGED 30 YEARS, R/O: HAMPASAGARA - 1,
HAGARIBOMMANAHALLI TALUK.
6. SMT. SARITHI W/O. HARISH
D/O. LATE SURYANARAYAN A RAJU @ SURYABABU,
AGED 28 YEARS, R/O: HAMPASAGARA-1,
HAGARIBOMMANAHALLI TALUK.
SRI. T. SOMAPPA S/O. KADLABALAPPA,
DEAD BY HIS LRS.
7. SRI. TALAVARA VENKATESH S/O. LATE T. SOMAPPA,
AGED 45 YEARS, RESIDENT OF 8TH WARD,
HANUMANAHALLI GOURIPURA VILLAGE,
HOSAPETE TALUK.
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL
PROCEDURE CODE PRAYING TO ALLOW THIS REGULAR SECOND APPEAL
AND SET ASIDE THE JUDGMENT AND DECREE IN R.A.11/2020 DATED
06.03.2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC.,
AT HAGARIBOMMANAHALLI AND TEHREBY CONFIRMING THE JUDGMENT
AND DECREE PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE JMFC
AT HAGARIBOMMANAHALLI IN O.S.NO. 04/2013 DATED 15.04.2019 IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS
MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:8894
RSA No. 100446 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
Learned counsel for the appellants submits that the matter
has been amicably settled, and accordingly, the parties have
instructed him to withdraw the appeal. As a matter of abundant
caution, he has obtained the signature of appellant No.3, namely
Gavisiddappa. However all the parties are inconsonance with the
withdrawal of the appeal.
2. The submission is taken on record.
3. Further, the learned counsel has filed a memo for
withdrawal of the appeal. The memo reads as follows:
"The Appellants submits that, As per the
intervention of elders the appellants and respondents are
settled the matter out of the court, hence in view of the
said settlement the appellants are not interested to
proceed with appeal and going withdraw the appeal,
hence this Hon'ble Court may kindly permit the appellants
to withdraw the petition, in the interest of justice and
equity."
4. In light of the memo, the appeal is dismissed as
withdrawn.
Sd/-
(M.G.S. KAMAL)
JUDGE
VNP/CT-ASC
