Kubera Keria Madiwal vs Saraswati
2025 Latest Caselaw 5677 Kant

Karnataka High Court

Kubera Keria Madiwal vs Saraswati on 28 March, 2025

                                                   -1-
                                                               NC: 2025:KHC-D:5764
                                                           RSA No. 100782 of 2016




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 28TH DAY OF MARCH, 2025
                                                 BEFORE
                                 THE HON'BLE MR. JUSTICE E.S.INDIRESH

                           REGULAR SECOND APPEAL NO. 100782 OF 2016 (DEC)

                      BETWEEN:

                           KUBERA KERIA MADIWAL,
                           DECEASED BY HIS LRs.,

                      1.   SMT. PARVATI
                           W/O. KUBERA MADIWAL,
                           AGE: 50 YEARS, OCC: HOUSEHOLD WORK
                           AND AGRICULTURE,
                           R/O: BHASHI VILLAGE, SIRSI TALUK,
                           DIST: NORTH CANARA-581401.

                      2.   SRI. MADHU KUBERA MADIWAL
                           AGE: 27 YEARS, OCC: AGRICULTURE,
                           R/O: BHASHI VILLAGE, SIRSI TALUK,
                           DIST: NORTH CANARA-581401.

                      3.   CHAITRA D/O. KUBERA MADIWAL
                           AGE: 24 YEARS, OCC: HOUSEHOLD WORK,
                           R/O: BHASHI VILLAGE, SIRSI TALUK,
MOHANKUMAR
B SHELAR
                           DIST: NORTH CANARA-581401.

Digitally signed by
MOHANKUMAR B
                                                                      ...APPELLANTS
SHELAR
Location: HIGH        (BY SRI. S.G.KADADAKATTI AND
COURT OF
KARNATAKA
DHARWAD BENCH         SRI. LINGESH V.KATTIMANI, ADVOCATES)

                      AND:

                      1.   SARASWATI
                           W/O. MANJUNATH MADIWAL,
                           AGE: 48 YEARS, OCC: AGRICULTURE,
                           R/O: BHASHI VILLAGE, SIRSI TALUK,
                           DIST: NORTH CANARA-581401.

                      2.   TIMAPPA KERIYA MADIWAL,
                           AGE: 66 YEARS, OCC: AGRICULTURE,
                           R/O: BHASHI VILLAGE, SIRSI TALUK,
                                 -2-
                                            NC: 2025:KHC-D:5764
                                       RSA No. 100782 of 2016




     DIST: NORTH CANARA,
     NOW R/AT. DYAVASA VILLAGE,
     TQ: SORAB, DIST: SHIVAMOGA-577219.

3.   SUVARNA
     W/O. KRISHNAPPA MADIWAL,
     AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
     R/O: BHASHI VILLAGE, SIRSI TALUK,
     DIST: NORTH CANARA-581401.

4.   CHINNAMMA
     W/O. BASAVARAJ BASAPPA MADIWAL,
     AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
     R/O: PUTTANALLI, TQ: SORAB,
     DIST: SHIVAMOGA-577429.

5.   BASYA TUKKYA NAIK,
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O: BHASHI VILLAGE, SIRSI TALUK,
     DIST: NORTH CANARA-581401.

                                            ...RESPONDENTS
(BY SRI. VISHWANATH HEGDE, ADVOCATE FOR R1;
NOTICE TO R2, R4 AND R5 ARE SERVED AND UNREPRESENTED)


      THIS RSA IS FILED UNDER SECTION 100 OF C.P.C., AGAINST
THE JUDGMENT AND DECREE DATED 29.06.2016 PASSED IN
R.A.NO.63/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, SIRSI,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE   DATED    28.06.2013    AND   THE   DECREE    PASSED   IN
O.S.NO.79/2006 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AT
SIRSI, DECREEING THE SUIT FILED FOR PERMANENT INJUNCTION.


      THIS   APPEAL,   COMING    ON   FOR   ORDERS,   THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:           THE HON'BLE MR. JUSTICE E.S.INDIRESH
                                 -3-
                                            NC: 2025:KHC-D:5764
                                         RSA No. 100782 of 2016




                        ORAL JUDGMENT

Learned counsel appearing for the appellants has

filed a memo dated 27.03.2025 stating that, parties to

the lis have compromised the matter in FDP No.2 of

2017 and seeks leave of this Court to withdraw the

appeal.

Memo is taken on record.

Accordingly, the Regular Second Appeal is

disposed of in terms of the compromise entered into

between the parties in FDP No.2 of 2017.

Sd/-

(E.S.INDIRESH) JUDGE

SB