Karnataka High Court
Laxmanraj S/O. Somappa Melageri vs Shivanand S/O. Laxmanappa Iliger on 16 October, 2025
-1-
NC: 2025:KHC-D:13980
RSA No. 100108 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO. 100108 OF 2019 (DEC)
BETWEEN:
1. LAXMANRAJ
S/O. SOMAPPA MELAGERI,
AGE: 54 YEARS,
OCC. AGRICULTURE AND BUSINESS,
R/O. TILAVALLI, TQ. HANGAL,
DIST. HAVERI-581120.
2. NAGENDRA
S/O. SOMAPPA MELAGERI,
AGE: 49 YEARS,
OCC. AGRICULTURE AND BUSINESS,
R/O. TILAVALLI, TQ. HANGAL,
DIST. HAVERI-581120.
...APPELLANTS
(BY SRI. M.G. KUDAVAKKALIGER, ADVOCATE)
Digitally
signed by
YASHAVANT
YASHAVANT
NARAYANKAR
NARAYANKAR Date:
AND:
2025.10.17
11:05:20
+0530
1. SHIVANAND
S/O. LAXMANAPPA ILIGER,
AGE: 67 YEARS,
OCC. AGRICULTURE AND BUSINESS,
R/O. TILAVALLI, TQ. HANGAL,
DIST. HAVERI-581120.
2. CHANDRAKANT
S/O. LAXMANAPPA ILIGER
AGE: 64 YEARS,
OCC. AGRICULTURE,
R/O. TILAVALLI, TQ. HANGAL,
DIST. HAVERI-581120.
-2-
NC: 2025:KHC-D:13980
RSA No. 100108 of 2019
HC-KAR
3. SUBHASH
S/O. LAXMANAPPA ILIGER
AGE: 54 YEARS,
OCC. AGRICULTURE,
R/O. TILAVALLI, TQ. HANGAL,
DIST. HAVERI-581120.
4. PARASHURAM
S/O. LAXMANAPPA ILIGER
AGE: 52 YEARS,
OCC. AGRICULTURE,
R/O. TILAVALLI, TQ. HANGAL,
DIST. HAVERI-581120.
5. GANESH
S/O. SHIVAMURTEPPA ILIGER
AGE: 49 YEARS,
OCC. AGRICULTURE and BUSINESS,
R/O. TILAVALLI, TQ. HANGAL,
DIST. HAVERI-581120.
...RESPONDENTS
(BY SRI. VANAMALA A. MOTE, SRI. C.S. DANDIN AND
SRI. M.B. HUJARTI, ADVOCATE FOR R1 TO R5)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI, DATED
28.09.2018 IN REGULAR APPEAL NO.68/2007 AND THE JUDGMENT
AND DECREE PASSED BY THE CIVIL JUDGE (SR.DN.) AND JMFC,
HANGAL DATED 26.09.2007 IN O.S.NO.9/2004 BY ALLOWING THIS
APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2025:KHC-D:13980
RSA No. 100108 of 2019
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Learned counsel for the appellants has filed a memo
seeking withdrawal of the appeal, which reads as under:
"MEMO TO DISPOSE OFF THE CASE AS
WITHDRAWN
Herein, As per the instructions given by my
Clients the advocate for the Appellants most
humbly submits as under;
As the matter has been amicably settled out of
the court between the parties and reported before
the Senior Civil Judge and JMFC Court Hangal in
OS No. 22/2003 Dated 02-03-2019 compromise
decree was passed Hence appellants are not
interested to proceed with the Appeal further
prayed to permit me to withdraw the Reguler
Second Appeal as not pressed in the interest of
justice and equity."
2. In view of the said memo, the appeal stands
dismissed as withdrawn.
3. The Court fee paid by the appellants shall be
refunded as per rules. The original records filed by the
appellant shall also be returned.
NC: 2025:KHC-D:13980
HC-KAR
4. In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and are disposed of accordingly.
SD/-
(C M JOSHI)
JUDGE
RKM/ct:pa
